Divorce formally dissolves the legal marriage. The married couples do not have the constitutional rights to proceed for the divorce but the state laws permit the couples to divorce in order to serve the public policy. In order to ensure that the public policy interests are well taken care of the states ask for a cooling off period – this is the time period after the legal separation which the spouses have to bear before they start the divorce proceedings in the court.
Divorce proceeding in courts
The courts in the United States currently proceed with two types of divorce namely – Limited divorce and Absolute divorce. In order to obtain the absolute divorce the courts call for specific evidence to prove that some type of misconduct or misbehavior has occurred on the part of either of the spouse. The limited divorce is typically known as the separation decrees. In such cases the court refrains from officially dissolving the marriage. There are few things which you should keep in mind before appearing for the divorce in the court.
Tips to keep in mind before appearing in Divorce court
- Cost of divorce – when you decide to go for divorce then the cost involved in this procedure is the most challenging. The person should be mentally and financially ready to face all types of expenses – it would include the alimony to be given to the spouse; the child support expenses which is to be given to the children. Besides this one should also have proper calculation of the pension expenses which will go the spouse. All these finance issues have to be managed before you file for the divorce in the court.
- The scope for mutual settlement – Most of the couples seek legal advice from the court. Besides this, the couple can also go for mutual settlement so that both of them feel that they have got what they want. And, if there is a scope for mutual settlement, the main things which the couple have to mutually agree on are – the alimony amount to be given to the spouse, the division of the properties, custody of the children (if any) and how they shall be supporting their children. If the couple can agree on these major issues then the process of divorce in the court will become much easier.
- Make an inventory – Another important aspect to be kept in mind before the couples appears for the divorce in the court is to make an inventory of all household furniture and furnishings so that at the time of divorce there is no benefit of doubt among the spouse.