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
Legal help in Short Sale or Deed in Lieu of Foreclosure
A short sale and a deed in Lieu of Foreclosure are the best options if you want to give your home up, but don’t want foreclosure. These options let you ...
READ MORE
Basics of buying a house
Real estate transactions can be intimidating at times. You might encounter pitfalls that will make you lose money as you buy your first house. This is why hiring an attorney ...
READ MORE
Traffic ticket? Decide Fight for it or Pay for It
Traffic tickets have underlying penalties besides the fine, which are usually on the citation. Your driver’s license may be revoked or suspended, depending on the severity of the charge and ...
READ MORE
Why to hire dui lawyer
You must have heard of the friends or family members being caught under the DUI. Definitely, Driving under Influence is not a small case. In fact most of the states ...
READ MORE
Things a tenant should know about rental agreement
Rents are usually due on the first day of the month. But generally, rent payment depends on the agreement you have made with the landlord. It may be specified in ...
READ MORE
Difference Between DUI and DWI?
Within the field of regulation, there's much concentration on DUI and DWI prosecutions. With the amazing data for both in Texas, it is incredibly essential to become informed on the ...
READ MORE
Investing in commercial property: know the pros and cons
A commercial property, just like any other real estate, is a good investment. Examples of commercial properties include office buildings, retail buildings, industrial buildings, warehouses, apartment buildings, and properties that ...
READ MORE
Basic landlord laws in US
If you're a landlord and you want to protect your real estate investment, you need to have the knowledge that relates to all the state statutory and common laws governing ...
READ MORE
Declaring bankruptcy
Declaring bankruptcy is one of the many options a debtor can perform when he can no longer meet the terms of his financial obligations to his creditors. In the United ...
READ MORE
Pay taxes on time
When April 15 is round the corner, it becomes a really stressful time for the tax payers. Paying of tax is imperative for one and all. Hence there are also ...
READ MORE
Legal help in Short Sale or Deed in
Basics of buying a house
Traffic ticket? Decide Fight for it or Pay
Why to hire dui lawyer
Things a tenant should know about rental agreement
Difference Between DUI and DWI?
Investing in commercial property: know the pros and
Basic landlord laws in US
Declaring Bankruptcy
Pay taxes on time