In its most basic form, a divorce is a legal action that ends a couple’s marriage. It’s also known as a dissolution, and it’s a legal process that ends a marriage before either spouse dies.
Divorces that are not contested. If both parties are in agreement, this is the best option. The parties collaborate on the terms of the divorce and file the necessary court documents to formalize the divorce. You are unlikely to be summoned to court, and there will be no trial, no judge, and no waste of time or money.
Divorces that are contentious
When you present the issues to a judge in court and you are unable to reach an agreement because there are too many disputed issues, the judge makes the final decision. Settlements will be negotiated and information will be exchanged. If no agreement can be reached, the case will be taken to court, and it will be critical to speak with an attorney to help you advance your case. Prepare to spend some cash.
Divorces that are done in a cooperative manner
In these situations, both parties retain legal counsel and work actively and cooperatively to resolve the outstanding issues. Each party agrees to full disclosure of information for the purpose of negotiations and meets with the other to reach an agreement. The majority of collaborations can be finished in three to four group meetings. If this fails, if your case goes to trial, both parties will agree to use different legal representation.
Divorces without Fault
Because of “irreconcilable differences,” this is commonly referred to as divorce. – The idea for this came from the idea that one of the parties could leave the marriage without the consent of the other. To put it another way, you can’t make someone stay married if they want to divorce.
Divorces by Default
The court may grant a divorce by default if one party fails to respond to the divorce petition. For example, if one party cannot be located and refuses to participate in the legal proceedings, a default decree against the non-participating party may be issued.
Separation from the law
Papers are filed with the court, and the court will make final decisions for both parties and allocate all assets and liabilities, much like a divorce. When this is done, both parties are still married, but they are legally separated, and they are no longer responsible for each other. Many couples choose this option to keep the other party’s health insurance after they divorce. Either party can ‘convert’ the case to a marital dissolution at any time during the legal separation.
The Goals And Procedures
As a result, when a marriage ends, the parties and the court must deal with property division, child custody, child support, alimony, and the division of assets and debts. State laws presume that each party bears fifty percent of the blame for everything, including debts. Non-marital property that is intended for only one person will not be divided during the divorce.
Unless otherwise stated, all property acquired during a marriage is considered marital community property, even if it is only in one party’s name. Property brought into the marriage relationship is treated the same no matter how long the marriage lasts or what kind of property it is. The court may attribute it to one party or the other in certain circumstances. Courts strive to be fair to both parties, and each party is responsible for fully disclosing all relevant information so that the court can make the appropriate allocation of the marital estate.
Support for the Spouse
Alimony, also known as spousal support, may be ordered by the court in cases where the parties’ health and ages, as well as the length of their marriage and their living standards, are in question. This is not the same as child support. Spousal maintenance can last a few years or for an indefinite period of time. If either party’s circumstances change, the court may revisit the agreement or terminate it.
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