Getting A Handle On Divorce Law
If you're happily married, good for you. However, divorce is increasingly common in this country, and it's something you might have to one day face. Of course, it's something that usually happens bit by bit, over time and not all at once, but it's still a hard situation to face if you're there. If you do happen to be (unfortunately) in the market for divorce, there are a few things you need to know about divorce law, in order to get the best outcome for you. If you don't do this, it's likely that you are only relying on advice from friends and family, and this may not be accurate. In fact, it can leave you worse off than you are now if you follow this advice and it's wrong.
First of all, divorce law varies from state to state, so it's up to you to know the laws of your state to get the best outcome possible. One of these areas is in separation of assets. In most cases, it's also usually true that you have to file for divorce in the state in which you currently reside. Therefore, you can't go to another state to file for divorce just because it might have laws that would favor you more.
Now, what can you expect in divorce? It's more and more common to have what's called a "no-fault" divorce, which is also sometimes known as an "uncontested divorce." With this type of situation, both spouses agree that a divorce is best for each of them. There is also usually little to no difference of opinion when it comes to splitting up the assets the couple jointly owns. If the couple has no children, this is usually easiest. In fact, with this method, you may not even need a divorce lawyer. If you do use one, in general, services required will be very minimal in most cases.
In some states, you are required to be "separated" before you can be divorce. This is sometimes known as a "test divorce." With this situation, the couple usually lives apart and does not have any interaction with each other day-to-day. This is so they can see what it's like not to have the other around. It's often true, surprisingly, that when couples try this "test divorce," they discover they really don't want a divorce at all. Suddenly, they're willing to work to their differences much more amicably than they were in the past.
If a divorce is deemed to be "at-fault," it's usually that one of the spouses has done something that is a breach of the marital "contract." Some of these things can include cruelty, abandonment, or infidelity. "Cruelty" can be defined as both physical cruelty and emotional or verbal cruelty. In some states, this type of divorce does not require a trial separation first.
If both spouses are guilty of some type of marital contract breech, then a principle known as "comparison rectitude" is implemented. This is designed to determine which of the two guilty parties is guiltier. This is often difficult to prove, since more than accusation is required. However, the outcome can significantly impact how property and assets are divided.
If you are facing divorce as a possibility, make sure that you know divorce law in general and in your state. Even if your situation is difficult at present, going through a divorce in the wrong way could put you in an even worse situation. If you know the law and what you can expect, you'll be much more prepared for what is to come.
Article Source: http://www.search-raven.com
About the Author
For more information and additional insights about Divorce Law please visit our web site at http://www.my-divorce-guide.com
This article is licensed under a Creative Commons Attribution - No Derivative Works 3.0 Unported License, which means you may freely reprint it, in its entirety, provided you include the author's resource box along with LIVE links (without "nofollow" tags).
by: JayAnderson
Total views: 34
Word Count: 590
Rating: Not yet rated