Fault vs. No-Fault Divorces

Each state has its own statutory grounds (reasons) for divorce, typically classified as fault or no-fault divorces.

  • A fault divorce requires evidence that wrongdoing was committed by one of the spouses. This commonly includes adultery, extended imprisonment, or abuse.
  • A no-fault divorce can only take place when neither party can prove that the other engaged in wrongdoing. This commonly includes irreconcilable differences or the marriage being irretrievably broken. The American Association for Marriage and Family Therapy is an excellent resource to help you manage conflict throughout the process of your divorce.

Contested vs. Uncontested Divorces

  • A contested divorce is necessary when spouses are unable to reach an agreement on relevant issues. Contested divorce cases go before the court where a judge makes the final decision on each issue.
  • An uncontested divorce means that the parties involved are able to reach mutual agreement on relevant issues such as alimony, child custody, child support, spousal support, and asset division.
[/list] Whether your divorce is contested or uncontested, it is advisable to consult with an experienced divorce lawyer to make sure that your rights are protected.

Effects of Divorce

The American Psychological Association provides excellent advice on how to make your divorce as smooth as possible and the Nemours Foundation offers information on how to help your child through a divorce. Not only does divorce take a toll on your emotions, but it affects your federal income tax filing status as well. For some situations, it’s beneficial to postpone the legal divorce until the following year so that you can file with the married – filing jointly tax status.

How to File for Divorce

Although you can legally file for divorce without an attorney, it is strongly advisable to at least consult with an attorney before filing for divorce. A divorce lawyer can explain how the process of filing for divorce works, help you file the paperwork, and make sure your rights are protected. Below are the typical steps for the process of filing for divorce.

  1. File a document (complaint or petition) with your state’s court, asking the court to officially terminate your marriage.
  1. Have the divorce complaint or petition served to your spouse.

It’s important to note that divorce laws vary greatly from state to state. For example, many states have a ‘cooling-off’ period between the filing of the divorce papers and the finalized divorce. Divorce decrees are clear and binding agreements. Without expert representation it’s easy to make errors such as underestimating the value of your assets. Experienced divorce attorneys will verify that all of your paperwork is complete and that it accurately states your wishes. Because the laws governing divorce vary among states it’s important to obtain a divorce attorney who has specific experience in your particular state.

Related Posts
Abusive husband ?
Looking for local divorce attorney, why not submit your details here and let divorce lawyers contact you in matter of mins. following type of cases are already taken care by ...
READ MORE
What happens in a traffic ticket jury trial?
Just like any trial in front of a judge, the jury will be selected, and then the judge or clerk will have the jurors sworn in. Most traffic ticket jury trial ...
READ MORE
Which terms should be there in your Lease and Rental Agreement
There are terms you need to look out for before you sign a lease or rental agreement. That’s because if you’re not careful enough, chances are, the landlord or landlady ...
READ MORE
The real estate law and the tips to purchase real estate
The Real Estate Law is indeed extensive and this is not possible for a layman to know each and every memorandum of the law. Thus, if you are planning to ...
READ MORE
How to check your landlord?
Just as the landlord screens the tenants, you should also check out your landlord. Your landlord wants to know if you are diligent in paying the rent. You should also ...
READ MORE
Looking For Divorce And Custody
Get divorce legal aid in your area, submit your case details and let us help you to connect to affordable divorce lawyers as we did for following cases.   My husband ...
READ MORE
While choosing tenants, avoid Fair Housing Complaints and Lawsuits
There are Federal and State laws that promote antidiscrimination where you as a landlord have certain limitations with the things you should say & do when selecting a tenant. If ...
READ MORE
Too many people living in single rental unit….what to do?
Defining how many people can live in a rental unit is one of the biggest problems that some landlords have to face. The legally defined specifics vary per state. This ...
READ MORE
Legal help while selling your home
Selling a home can bring up a lot of issues and could easily become a maze of processes. To make sure that you get your home’s worth, it would be ...
READ MORE
Drunk Driving
Drunk Driving is the act where in the driver drives the vehicle under the influence of alcohol or drugs. This is to such an extent that the person does not ...
READ MORE
Abusive husband ?
What happens in a traffic ticket jury trial?
Which terms should be there in your lease
The real estate law and the tips to
How to check your landlord?
Looking For Divorce And Custody
While choosing tenants, avoid Fair Housing Complaints and
Too many people living in single rental unit….what
Legal help while selling your home
Drunk Driving