Divorce Laws
The United States have among the highest divorce rates in the world. Much of this has been blamed on the fact that it is relatively simple to acquire a divorce and that it is too much of an easy option once a relationship runs into problems.
There are many different types of divorce in America, with different laws for each of them. Family Law varies from state to state, so not all sections of divorce law apply to the whole of the country.
Types of Divorces in United States
The type of divorce that has been blamed most for the high divorce statistics are No Fault Divorces. This means that neither partner is to blame for the breakup of the relationship and that there is no specific given reason for the divorce. If the couple have simply drifted apart or fallen out of love then this is the part of divorce law they will proceed with. Critics have said that a No Fault Divorce is too easy and means that couples do not attempt to work through their problem, therefore contributing to the high divorce rates. The advantage of this type of divorce as far as the couple is concerned is that it is less expensive and speeds up the process, thus making it less stressful and meaning they can get on with the rest of their lives more easily. In some states they only have to fill out some simple forms for a divorce to be granted.
Before No Fault Divorce's were brought in one member of a couple had to be at fault for the marriage breakdown and there had to be a specific reason given for the divorce. These could be, amongst others, adultery, physical or mental cruelty, desertion, confinement in prison, or insanity.
In areas of divorce other than No Fault Divorce, a court must find that one of the following is true:
- The relationship is no longer viable
- There are irreconcilable differences between the couple
- There is a conflict of personality that has destroyed the relationship
- The marriage have irretrievable broken down
Litigated Divorce is the type of divorce that comes to mind when most people think of divorce. Here a Family Solicitor on behalf of each person will try to work out an agreement, which will include settlements of finances, property and children amongst other things. These situations are the most complex and often end up in court, meaning that a good Divorce Lawyer will be an advantage. This is the most common type of divorce used in the United States where the couple have children together.
Mediated Divorce is where each member of the couple will try to work together to come up with an agreement. Neutral professionals (not working for either of the couple) may be involved to help come to an arrangement that is good for all concerned. If the situation cannot be resolved in this way it can turn into a Litigated Divorce.
Another type of divorce in the United States is an annulment. This dissolves a marriage and ends up being like there was no marriage in the first place. The vast majority of annulments will take place after a marriage is in its very early stages. An annulment will have to be granted by a judge. The most common reasons for an annulment are fraud (emotional fraud, having lied to the other person), concealment or a misunderstanding over a serious issue.
Working with Divorce Lawyers & Attorneys
Choosing and working with a divorce lawyer can be a seemingly overwhelming task when emotions are high. Take your time, relax and make a good decision by reviewing the lawyer or attorney credentials and experience carefully. The road to divorce is a difficult journey to travel. It is filled with emotions, anxiety and plenty of confusion. Deciding to legally dissolve your marriage is a major life decision. Along with the incredible amount of emotional issues, there are many legal concerns to attend to as well. Finding the right divorce lawyer to handle your case is of great importance. Each couple or individual's needs may be different. Therefore, you must search for the legal firm which can assist you best with this extremely personal matter. There are many qualified lawyers in your area who are skilled in divorce and family law.
Some may wonder if it is a mandatory procedure to hire a divorce lawyer once they have made the decision to divorce their spouse. The answer is no. People are able to represent themselves in a divorce proceeding, however it is ill advised. Divorces are rarely cut and dry, especially if children are involved. In order to protect your rights and financial situation, you will want to have a qualified divorce lawyer working on your case. Divorce law changes quite frequently, it would be impossible for a person outside of the law system to keep up with them. Having a qualified divorce lawyer on your side will ease your mind and help the process proceed with the least amount of stress for you.
Some issues which may arise during a divorce proceeding are child support, visitation rights, spousal support and property division and distribution.
When a married couple with children decides to divorce, those children should remain the couple's top priority. A divorce lawyer is sensitive to this fact and will do everything in their power to keep the children's welfare in sight. Decisions will need to be made, such as who will have custody of the children, how often will the non custodial parent be allowed to visit the children and how much monetary support will be required to keep the children well cared for. Your divorce lawyer will be fully skilled and educated in all child custody and support laws.
Sometimes the divorce situation may call for spousal support or alimony. In certain cases, if a party is going to be left in financial crisis due to the divorce, a judge may assign one party the requirement to make monthly payments to the other. Although this is not as commonly granted as child support, your divorce lawyer will be just as qualified to handle this aspect, should it arise.
Most couples have acquired joint property during the course of their marriage. Houses, vehicles and personal possessions will all need to be divided when the couple decides to part ways. While some couples have a clear vision of property division going into the divorce, many may find that they need legal counsel to decide this matter. Both tension and ego have the potential to make this a very tricky portion of a divorce. Hiring a competent divorce lawyer will ensure your rights and future will be protected.
Deciding to end your marriage will be one of the toughest decisions you will ever make. Deciding to hire a divorce lawyer to assist you should be one of the easiest.
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