The dissolution of a marriage, or what is commonly known as a divorce, is a court appointed ending of a once valid marriage. In these proceedings, the division of property and assets as well as the sharing of child custody is usually arranged. Following a divorce, both of the divorced parties are now legally allowed to remarry.
Contrary to popular tabloid fodder, nearly ninety-five percent of divorces do not require a trial with contesting parties. With an attorney or lawyer’s aid, most couples involved in a divorce settle their assets, property, support, and custody battles through mutual negotiation and agreement. These negotiations are then approved by the presiding judge, if, in the view of the court, the agreements arrive at a minimal level of fairness.
Contact the nearest Divorce Attorney and obtain a free case evaluation.
An important piece of information in requesting a divorce is the residency or domicile requirements of the state. In many states in order to attain a divorce, some form of residency must have been established. The time periods and rules regulating this process vary between each state, however, an experienced divorce lawyer can aid you through these rules with ease and confidence. Some states impose no residency requirement, and a divorce can be finalized immediately, but in most states, a waiting period of six months for residency is the average.
In a divorce, there are two different forms of filings that can be pursued. The divorce will be deemed either a “no-fault” or a “fault” divorce. In “no-fault” divorce law, no blame is directed by the divorcing parties as to the cause of the end of the marriage, but in essence, the marriage is dissolved.
Common citations for the need of a “no-fault” divorce include:
- Irreconcilable differences
- Incompatibility
- Irretrievable breakdown
- Prolonged and permanent separation
On the contrary, a “fault” divorce seeks to place blame on persons responsible for the end of the marriage. Although “no-fault” is the predominantly pursued avenue of divorce, thirty-two states offer and pursue a “fault” divorce proceedings plan. These divorces seek to assign blame, and accurately assign all assets, properties, and custody based upon these claims of blame.
Contact the nearest Divorce Attorney and obtain a free case evaluation.
Updated LV
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