Understanding Divorce Law
Please ensure you read and understand the disclaimer before reading this article. Always consult a qualified lawyer for your legal advice.
If you find yourself in the difficult situation of considering divorce from your spouse, it is important that you learn as much as you can about divorce law, what it means and how it pertains to you and your case. You will find that the laws concerning divorce are different in each state or area. They will each have their own standard and rules that the courts will follow before allowing you to get a divorce.
When you apply for a divorce you will have to choose the method you need to use to file for the divorce. Basically, there are three ways in which you can file for a divorce making it necessary for you to choose between one of the following laws: The “At-Fault”, “No-Fault” and “Uncontested” divorce law. The one you choose will depend on your individual situation.
At-Fault Divorce Law
The original law that gave a couple grounds for divorce fell under the At-Fault divorce law. This means that one of the partners had to breach the marriage in some way before either of them could file for a divorce. In other words, someone had to have committed adultery, be physically or emotionally cruel to their partner or one of them had to abandon their partner.
When using this law to file for a divorce normally the person being wronged is the one that would file for the divorce and start the procedures. Many times the other person would fight to try and stay together.
If both partners are at fault, then the court will need to determine which one of them would be the most responsible for the problems that have occurred. The doctrine used for this is called the “Comparative Rectitude”. The reason it is important to determine which person is more at fault than the other is because this information will be used to decide how the assets will be distributed. In some cases, you may be allowed a divorce without going through the waiting period that some states require.
No-Fault Divorce Law
If neither partner did anything to cause the other to want a divorce but things are just simply not working out, then you would file for a No-Fault divorce. Some states require a one year waiting period which you spend separated before they will grant a No-Fault divorce.
Couples file for a No-Fault divorce when they have differences that cannot be worked out. Perhaps they find they just don’t have anything in common and do not enjoy each others company. Some couples are incompatible on all levels and some just grow tired of or outgrow their partner.
If you file for a No-Fault divorce you may be required to see a marriage counselor to see if there is any way to mend the marriage. This is usually mandatory if one of the partners does not want the divorce. If this does not help the situation, then the divorce will be granted
Uncontested Divorce Law
If the couple meets certain requirement then they may be eligible for an Uncontested Divorce. This is the simplest type of divorce you can receive. You can use the Uncontested Divorce Law when both partners agree on the divorce and work out all the details before they file for the divorce. The law can vary in each state so you will have to check the requirements for the state or area in which you live.
In some states if you have been married under five years, have no children and there is not a lot of real property involved you can file for an uncontested divorce. If you do have children and have already worked out the details of custody and child support, then you may be able to file for a divorce this way.
Different states have different requirements when it comes to your residency.
Some require that you live there at least a year with the intention of making it your permanent home.
Another thing that you need to understand is that assets will be distributed differently between the partners depending on the state that you live in. Some states will distribute the assets equally between the partners while others will award the assets based on the economic needs of the couple. There are many states that will award alimony to the spouse that stays at home and in some states the partner that makes the least amount of money will be eligible for alimony.
Before you deicide to file for a divorce it would be to your best interest to learn as much about the divorce laws in your state as possible. The more you understand these laws the faster and smoother your divorce will be.
Speaking to a good divorce lawyer will also help you understand the options in your specific case.
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