Divorce is the legal ending of a marriage between two individuals by a court of law in the United States. There are two types of divorce that can be granted; no-fault or fault. A no-fault divorce may be granted for a variety of reasons such as; irreconcilable differences, incompatibility or a period of long separation. Some grounds for a fault divorce include; adultery, cruelty, and criminal conviction.
While divorce is a common procedure it can also be a complex one. Even when a couple is agreeable, there are often many misunderstandings about divorce and the court process can be confusing and difficult to navigate without divorce help. It is important to know that different states and counties may have different laws and processes.
When filing for a divorce one of the best things that a person can do is educate themselves about the process and be prepared. A divorce attorney can help guide you through the process, answer your questions, make sure you aren’t giving up any rights and draft legal documents that comply with the law. Even though divorce is a common occurrence each case is different and can become more complex depending on factors such as children, common property and assets. The first step in the legal divorce process is for one of the spouses to serve the other with a written petition for divorce and also file it with the court in the county and state where they live.
Even though divorce is a common occurrence each case is different and can become more complex depending on factors such as children, common property and assets. The first step in the legal divorce process is for one of the spouses to serve the other with a written petition for divorce and also file it with the court in the county and state where they live.
Decisions made in a divorce will be different for each couple depending on their unique circumstances. Some of the major considerations are in regard to child custody and financial decisions regarding division of property, assets and debts a couple may have. A good divorce attorney can often help the two parties to come to an agreement outside of court during negotiations or mediations. If an agreement cannot be reached then the case goes to trial and a court of law will decide the outcome. The court then approves the final divorce decree and the divorce is final. If either of the parties are unhappy with the final decree they can file an appeal with the court.
If an agreement cannot be reached then the case goes to trial and a court of law will decide the outcome. The court then approves the final divorce decree and the divorce is final. If either of the parties are unhappy with the final decree they can file an appeal with the court.
You do not need an attorney to get divorced but you may want one. In the case of an uncontested divorce with very little shared marital assets, a couple in agreement may opt for a do-it-yourself divorce. Couples with more complicated finances and multiple children may want to consult with a divorce attorney to discuss possible legal issues that may arise during the process. It is important to know that an attorney can be consulted without having to hire or retain one, however to protect yourself and get divorce help you may want to consider it.
When selecting an attorney look for local firms that focus in family law and divorce, they will have more experience with the divorce process in your state and county and may also be familiar with judges there. Divorce attorneys often have heavy caseloads, so make sure to call and see if they are available to take your case.
You should meet with an attorney for an initial consultation before hiring or retaining one, make sure to ask questions and explain your situation honestly. A good attorney will ensure that they have no conflicts of interest regarding your case and will share information that will help you to make the best decisions.
Additionally, a good attorney will have referrals for other professionals that you may want to consult with during the process such as financial planners, real estate agents, and mental health professionals.
Divorce can be one of the most stressful and difficult events in a person’s life and you should consider having a good divorce attorney on your team. Planning and preparation are important when looking for an attorney. Consider your budget and how much you can afford to spend on a divorce. Each divorce attorney will have different hourly rates, fees and retainer limits. Do your research and find divorce help that is the best fit for your situation and plan appropriately for your future.