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
Chapter 7 Bankruptcy
If you go for Chapter 7 bankruptcy, you may have a lot or all of your debts canceled. On the other hand, you might need to sell some or all ...
READ MORE
Renting Office Space: Know What’s Involved
Office spaces are efficient for business owners and entrepreneurs to run their operations. Sometimes, sharing these commercial spaces with another person in the same line of profession or business is ...
READ MORE
What is involved in filing for bankruptcy
People who are having problems paying their financial obligations sometimes consider bankruptcy to acquire comfort from selection initiatives, remove some or all of their financial obligations or rebuild their debt ...
READ MORE
How to fight traffic tickets (Top Strategies)
If you think you don’t deserve the traffic ticket you got, you can exert effort to fight it off. There are certain strategies you can do to successfully fight traffic ...
READ MORE
Criminal Charges
Criminal law covers crimes, prosecution and defense. According to the rules and statutes written by Congress and state legislators, dealing with any criminal activity that causes harm to the general ...
READ MORE
Negative consequences of getting traffic ticket
Will traffic tickets lead to imprisonment? This may be the most negative consequence for getting a traffic ticket, but usually, only those convicted with serious traffic violations have high possibility ...
READ MORE
How copyright work
The term copyright is not a novel term. However still here are many who have no idea about how copyright work? If you are one of those who are in ...
READ MORE
How to get rid of illegal rent?
There are a lot of abusive landlords out there and you best be careful you wouldn't be robbed off blind by one. When renting a unit, you must get everything ...
READ MORE
Power of Attorney
Power of Attorney is a lawful document which grants you the legal right to appoint another individual to act on your behalf and manage your financial affairs, property or health ...
READ MORE
10 things that you will never hear your Affordable Divorce Lawyer
Here are 10 things that you will never hear your Affordable Divorce lawyer Say: You’ll probably end up paying much more than the rate in the advertisement: Does your Affordable Divorce lawyer ...
READ MORE
Chapter 7 Bankruptcy
Renting Office Space: Know What’s Involved
What is involved in filing for bankruptcy
How to fight traffic tickets (Top Strategies)
Criminal Charges
Negative consequences of getting traffic ticket
How copyright work
How to get rid of illegal rent?
Power of Attorney
10 things that you will never hear your