Going through a divorce? Here’s what you need to know about legal steps, emotional support, and financial planning.
Going Through a Divorce? Here’s What You Need to Know
A divorce is one of the most difficult decisions a person can make in their life. Going through a divorce is often not easy, so you shouldn’t undertake it lightly.
It’s important to think through your decision and be aware of any potential problems you might encounter so that you can handle your divorce better. As a divorce can be a very emotionally challenging thing to deal with on your own, it’s highly recommended that you hire a competent divorce attorney to support you through the process.
What is a Divorce?
Let’s start with the basics. A divorce is a legal process by which a marriage is dissolved. A divorce is granted by a court or other authority, following which the duties of a marriage are canceled.
Fault and No-Fault Divorce
When the couple decides to separate by mutual consent, it’s called a ‘no-fault’ divorce. This means that neither party is held responsible for the breakdown of the marriage. On the other hand, a divorce with a fault can happen due to abuse, adultery, or other failures on the part of one spouse.
In this case, one party is considered to be at fault for the marriage ending. It typically takes a couple of months for the divorce process to be finalized, starting when the papers are filed.
Requirements for a Divorce
In order for a married couple in the United States to get a divorce, certain conditions must first be met. First, you should understand that divorce laws vary from state to state, and you must check which ones apply to you. Then, all you have to do is file for a divorce. Some states require that you be separated for a period of time before the divorce can be valid, while others do not.
Some states also require that couples get a mediator to come to an agreement on things like child custody, alimony, and other matters. A few states may also require that the couple try counseling before getting a divorce. When these conditions are met, the court will grant the divorce.
A vast majority of divorces are settled outside court, where the couple agrees on living arrangements, financial contracts, and other things that were shared during the marriage. The couple must also file proof to support their request for a divorce, which the judge will review before granting the divorce.
Alternatives to Divorce
Legal Separation
It is vital for those considering divorce to know that there are a few alternatives, like legal separation. If the couple wishes to live apart but cannot dissolve the marriage due to religious reasons, they can consider legal separation. In such an arrangement, the couple lives apart but is legally married and has joint bank accounts, health insurance, and other benefits afforded to a couple.
Default Divorce
A default divorce happens when a spouse fails to respond to court summons or divorce papers and is applicable in some cases. The idea is that the clock starts ticking once the documents are filed, and if the defending spouse fails to respond within a stipulated time, the couple is considered divorced by default.
Mediation
If a mediator is involved in the divorce process and helps the couple come to an agreement on various things like finances and child custody, it’s called a mediated divorce. If a couple cannot agree, then the case has to be taken to trial. This option is usually avoided as it’s costly and detrimental to the couple.
Conclusion
In conclusion, a divorce involves several steps and takes a couple of months to be finalized. It requires the couple to agree on various aspects of life, including living arrangements, property division, alimony, and child custody. Most divorces are settled outside court, but if a couple fails to come to an agreement, the divorce can be taken to trial, making it more expensive.
A lawyer’s assistance is crucial in this process, as it requires many documents to be filed and court procedures to be followed.
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