Divorce Law – Answers to Frequently Asked Questions

a complete dissolution of marriage

Divorce is an event that is fraught with emotional, financial, physical, and psychological complications and troubles. Divorce involves the termination of a legally wedded marriage or civil union by one or both parties. Divorce in the United States typically results from a court decision that either the plaintiff or defendant is guilty of wrongdoing or that there is a substantial difference between the positions of the parties in terms of assets, liabilities, children, property, etc.

Divorce can be either a complete dissolution of marriage¬†by a written order or it can be a partial dissolution in which some of the marital property is given to the other spouse under an agreement known as a “divorce settlement.” Divorce is the legal process of dissolving a marriage or civil union. Divorce means parting ways with your spouse. It is a legal separation and as such it terminates your marriage. Divorce normally involves the cancellation or reorganizing of your marriage-related financial responsibilities and duties under the laws and regulations of your state or country, thereby dissolving the marital bond under the jurisdiction of the court. A divorce settlement occurs when the court orders one of the spouses to pay spousal support or alimony to the other spouse.

divorce requires that the spouses agree to end their marriage and then the court applies customary rules

There are four types of divorce; absolute, limited, uncontested, and limited. An absolute divorce is the termination of marriage because of unfaithfulness or one of several reasons and is considered final. An absolute divorce is usually awarded by the court immediately following the filing of a petition to the court. A limited divorce requires that the spouses agree to end their marriage and then the court applies customary rules to determine whether the marriage is dissolved due to facts that have been presented to the court. An uncontested divorce occurs when the two parties negotiate on all issues and then an agreement is reached.

Divorce can be a complex process depending on the type of divorce, the state in which it is, and the applicable laws. Some states allow for a “no fault” annulment divorce, which means that the couple can still live together and be legally wed, but each person has consented to separate and individual settlements regarding their property, debt, child custody, visitation, and spousal support. In a “contested” divorce, both spouses present convincing evidence that they are unable to continue living together as a married couple. No-fault annulments do not require the filing of a formal petition with the court and require nothing more from the spouses except to acknowledge their union.

alimony or spousal support

If you and your spouse have reached agreement about child custody and visitation schedules, filling out and completing the divorce petition and divorce papers should be relatively easy. In some instances, especially where there are children involved, a divorce lawyer may be called in to make sure that the details of your separation are correctly documented and submitted to the court. In this case, it is important for you to get all of your paperwork filled out and filed, including the divorce petition and divorce papers. Even if no lawyer is immediately needed, you’ll want to have legal counsel should you have problems or questions about the filing and/or the division of your assets during the course of the litigation.

Another common question that couples ask about after a marriage is about alimony and/or spousal support. Alimony payments are determined by the state’s divorce laws. The type of alimony or spousal support is also based on the type of divorce, for example, alimony in a post-divorce financial environment may be intended to provide the wife with a consistent source of income to help make household expenses and maintain the standard of living that was established during the marriage. Spousal support, in some states, is provided to the surviving spouse following a divorce for a specified period of time; usually of one year. Divorce law can be complex, so it is best to seek the advice of a competent attorney who specializes in family law. It is also important to remember that a judge will consider your wishes when making his or her decision regarding the division of assets, support, and/or custody of your children.

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