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Divorce Legal Advice - Seek Legal Advice before Filing for a Divorce

types of divorce dissolution of the marriage

A divorce is a court order decree that terminates a valid marriage. Almost half of all marriages end in divorce. The decision to divorce is a difficult and painful decision. Getting a divorce will impact your life in so many different ways. A divorce can affect the foundation of a family. It can destroy your financial and emotional stability, and it can affect your long-standing relationships with relatives and friends. It is a life changing decision that can be devastating or a wonderful liberating experience, depending on the circumstances of your divorce. When you make the painful decision to divorce, make sure you seek legal advice, so you understand the legal and emotional aspects involved in a divorce. Be clear about the reason you are seeking a divorce. Getting a divorce does not change your spouse, and it doesn’t repair your marriage. In the end divorce is the dissolution of your marriage.

Individuals wanting to get a divorce should do some serious soul-searching. Make sure you understand the ramifications of your actions by obtaining legal advice before filing for divorce. Be prepared for drastic changes in your finances and your lifestyle. Divorces are often nasty and bitter battles that can cause immense hurt and pain. Some divorcing couples have used all of their life savings and their children’s college funds to fight long and bitter divorces battles. Go into divorce proceedings with an amicable disposition, if possible, for the sake of your children and your sanity. Seek legal advice to fully understand your legal options, so you can make sound decisions regarding your divorce.

Once you make the decision to divorce, you must decide on what legal representation to use, and what type of divorce you will obtained. You should choose a lawyer with experience in handling divorce cases, so they can provide you with good legal advice in your divorce proceedings. It should be a lawyer that you are comfortable with and trust, because your lawyer will be entrusted with personal and confidential information.

Types of Divorce

Every state have different laws pertaining to the dissolution of a marriage. The cheapest and fastest divorce is a simple divorce. A simple divorce is a quick procedure for married couples with no children. To obtain a simple divorce, a couple should be married less than eight years, and separated for at least six months. They can seek a divorce because of irreconcilable differences. They should not be dependent on their spouse for support. Marital property should be less than $10,000. A simple divorce can be granted on the same day or several days after filing a petition.

An individual seeking a divorce can claim that their spouse is at fault for the dissolution of the marriage. Reasons for seeking a divorce claiming fault includes adultery, domestic abuse (both physical and mental), desertion, alcohol or drug abuse, impotence and mental illness. Distribution of property and spousal support can be influenced by one spouses’ fault in the divorce. In a no fault divorce, a statement is needed from one of the parties in the divorce, stating that irreconcilable differences occur during the marriage and the differences is too difficult to overcome.

Approximately 90% of divorces are uncontested, which means the divorcing couple was able to resolve all their relevant issues without going to litigation. An uncontested divorce saves both time and money. In an uncontested divorce each spouse should seek legal advice from their divorce attorney. In a contested divorce, both parties should hire lawyers to represent them, because the divorce process is usually more complex. When the divorcing couple can’t reach an agreement on the issues surrounding their divorce, then their divorce case will be heard at a court trial. This type of divorce is more stressful, can cost additional money and takes longer to litigate.

Dissolution of the Marriage

To start the process of getting a divorce, you need to file a petition in the county where you reside. If you can afford a lawyer, then it is better to have legal representation to get legal advice for your divorce. All debts and properties accumulated during the marriage need to be evenly divided. Both spouses are responsible for joint debts like mortgages, car loans and credit cards. The divorcing couple should try to reach an agreement on the distribution of their property and debt. If they cannot come to an agreement, then the court will decide for them. Some states will appoint a mediator to resolve any conflicts over the allocation of properties and debts. Other issues that needs a resolution before a divorce is granted is child custody and visitation rights along with working out child support issues. The final judgment to end the marriage is the dissolution or divorce decree. This divorce decree is not legal or binding, until it is signed by the judge.

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