Seeking divorce - or caught up in the process?
Here are the basic things you need to know about the divorce process.
1. All Divorce Is Subject To Divorce Law
This means that only the courts can grant a divorce. In some states, divorce is defined as a "dissolution of marriage" and in some as "legal separation."
When a marriage suffers from an irrecoverable breakdown, when couples have reached the point where they have irreconcilable differences, or when there has been marital infidelity and sexual relations outside of the marriage; the courts can declare the marriage dissolved or terminated.
2. Divorce Laws Varies From State To State
You need to file the divorce in the state where you reside or have resided for a given period of time.
The nature of a divorce decree is that it delineates the rights and responsibilities of both spouses; the scope of the divorce; the terms agreed upon by both parties; and various details pertaining to the time, place, and circumstances of the divorce.
3. Divorce Involves Everything
Divorce involves more things than you may realize before you file your divorce petition.
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It involves your children.
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It involves custody and visitation rights.
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It involves child support and maintenance.
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It involves alimony.
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It involves property and division of property.
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In cases of debt, it involves its distribution as determined by the court.
Divorce involves separation.
4. Divorce Need Not Be Messy
Some divorces are not caused by third party involvement, extra-marital affairs, or sex.
Some married couples may have just fallen out of love or broken apart. The couple may have decided that the best thing for them to save whatever is left of a relationship is to file for divorce.
Thus, divorce proceedings can be civilized and not hostile.
5. Divorce May Be Done Without Lawyers
Couples who can discuss terms of their divorce amicably need not hire lawyers. Those who cannot, however, often hire lawyers to make sure they get the most from what the law can give them.
Divorce becomes a necessity when married couples can no longer live together in peace and harmony.
Divorce law does not fix the mess they have created; it only provides a decent way out of the mess.