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
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
Basics for Sole Proprietorship
Are you a writer or a photographer? Are you an individual who takes on jobs on a contract basis? Are you a freelance caterer who gets paid per booking? Or ...
READ MORE
Driving license suspension: Know how your driving license can be suspended
Driving is not just a right, it is actually a privilege. A lot of people are not concerned about losing their license when they speed up and cross a stop ...
READ MORE
House Buyers: What should a property attorney do for you
The exercise place of residence and residence law deals with a variety of relevant problems, including the following: privileges and interests in residence and actual property; sales, buys and other exchanges of ...
READ MORE
Discuss major real estate laws in the U.S.
Real estate laws has a broad legal area coverage regulated by state law, federal law, and common law. This law includes land and any immovable structures attached to that land ...
READ MORE
Driving license suspended? how to preventions
Driving privileges can be revoked for reasonable violations. These violations may pertain to driving under the influence or driving while intoxicated that leads to disobedience to simple or complex road ...
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
Landlord cancel agreement: when and how?
A landlord can legally cancel the rental agreement if the tenant commits a significant violation or break the law. Ending “For Cause” When the landlord wants to end the tenancy due to ...
READ MORE
Rules for Landlord while Evicting a Tenant
To file tenant eviction case against a tenant, make sure you have served a written notice, especially because it is part of the termination statute of the state. If the ...
READ MORE
Bankruptcy filling without an attorney
Within the 2005 legal guidelines, customers have to choose credit score guidance before submitting a new individual bankruptcy request. Consumers are also subjected to an easy method check, to determine ...
READ MORE
How to get your security deposit back?
Basics for Sole Proprietorship
Know how your driver license can be suspended
House Buyers: What should a property attorney do
Discuss major real estate laws in the U.S.
Driving license suspended? how to preventions
Basic landlord laws in US
Landlord cancel agreement: when and how?
Rules for landlord while tenant eviction
Bankruptcy filling without an attorney