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
Some Divorce Facts for Women
If going through the tumultuous process of a divorce isn’t difficult enough, it is common for women to face insecurities related to their financial and emotional well-being and of their ...
READ MORE
Why driving and cell phone usage shouldn’t be mixed?
Cell phones are technologically advancing at a significantly fast pace. Before, you can only use it to text and call. Now, you can use it to browse the internet, send ...
READ MORE
Landlord tenant law
Landlord tenant law of a dwelling house or a residential building is governed by tenancy law which applies real estate property law and contracts in leasehold estates. If you are ...
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
Roommate and late rent payment?
Living in a house or an apartment with a roommate can be fun, especially if that roommate is your friend. However, when your roommate pays rent late, your friendship might ...
READ MORE
DUI:Driving under the influence
Dui (DUI), generating while intoxicated (DWI), drunk(en) generating, drink generating, working under the impact, generating under the impact, or impaired generating is the criminal activity of generating a automobile with ...
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
How to get your security deposit back?
Before you can move in to a rented apartment, you have to deposit a big amount of money to the landlord first. This money is called the security deposit. This ...
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
Child Abuse
Kid misuse is the actual, sex-related or emotional maltreatment or ignore of kids or kids. In the United States, the Centers for Disease Control and Prevention (CDC) and the Department ...
READ MORE
Some Divorce Facts for Women
Why driving and cell phone usage shouldn’t be
Landlord tenant law
Declaring Bankruptcy
Roommate and late rent payment?
DUI:Driving under the influence
What happens in a traffic ticket jury trial?
How to get your security deposit back?
How to check your landlord?
Child Abuse