Before deciding to divorce, it is important to understand all the components involved in facilitating a divorce in order to ensure that it is the correct option for the given situation. Divorce does not only affect emotions, but it also affects finances and assets, and the results of the divorce could influence one’s life for years to come.
What Is A Divorce?
Divorce is a common way to end a marriage contract. The ultimate end result is that each person will be legally allowed to marry someone else, the assets and debts will be divided up, and the custody of any minor children will be decided. It is important to know that the statutes on these issues differ state to state; however, the basic principles of the divorce process are very similar.
No Fault Divorce
Luckily, many states offer a “no fault” divorce. A no fault divorce is when neither party is being required to show fault. It is in these no fault states that either party may seek and obtain divorce, regardless of if the other spouse does not agree to the divorce.
There are some states, however, that do require a legal cause for a divorce. The term for this is a fault-based divorce. Every state that enforces fault-based divorce has their own statutes for each individual divorce situation that is acceptable to obtain a divorce. Meanwhile, there are states that give the option of a no-fault divorce or a fault divorce. Employing an experienced attorney who specializes in divorce and family law is the best way to determine which type of divorce is best for your individual situation.
In instances in which certain aspects of the life that was shared cannot be agreed upon, such as custody of minor children, property, and who gets financial support, a fault-based divorce is the best solution because it can sway a judge to favor one party. Whatever conflict is happening, a fault-based divorce should be pursued for legal reasons, rather than emotional, which can be difficult for some to do.
The best way to make decisions during a divorce is to hire an attorney who specializes in the field, not just because they thoroughly know of the legal divorce system, but also because they are emotionally detached from the situation. During divorce litigation, tensions and emotions can be high. It is important to go through the process with a clear and level head, knowing exactly what is most important, and being ready to compromise. Having an attorney to handle the negotiations makes the divorce process more smooth and takes away so much of the risk of irrational emotions influencing your decisions.
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