Divorce, by definition, is the legal dissolution of a marriage; as a divorce lawyer can share, it’s something that varies depending on your unique situation. The process of divorce isn’t always a drawn out process, sometimes it simply didn’t work out for either party and that’s fine. With other couples there are specific circumstances that lead to the divorce which is where it can become problematic. If you are considering divorce there are a few paths that you could take depending on what will be best for you in your set of circumstances.
The most common type of divorce is a no-fault divorce which means that the divorce is not the fault of either party. This is a good option if the marriage simply didn’t thrive, it eliminates the need for mudslinging and possible drama that isn’t needed for the specific couple. A no-fault divorce can lead to a 50/50 split of marital assets unless there is another arrangement that both parties agree to and will benefit from. Even though it is categorized as “no-fault”, the court may require you to name a reason. In most cases the reason that people choose to give is separation or insupportability. Legally, separation means that the couple has not been living together but has still been legally married and when seeking to get a divorce you are wanting to legally end the marriage. Insupportability is commonly used in no-fault divorces according to our friends at the Brandy Austin Law Firm because it means that neither party wants the marriage to continue but other reasons for divorce aren’t applicable.
The next type is just the opposite of no-fault, which is a fault divorce and is exactly what it sounds like. This means that one spouse specifically states that the other is at fault for the divorce and this can be for a wide range of reasons. There may have been infidelity in the marriage which led to the divorce between the two parties. If this is the reason you’re looking at
pursuing then you would need to prove infidelity in court. This can be shown for example, through bank statements demonstrating purchases such as gifts, meals, or hotels that were a part of the affair. Some other reasons for a fault divorce could be abuse or violence in the home and in the relationship. These kinds of situations are when divorce can become a difficult process and can be very painful. Leaving a marriage because of something that your spouse did to hurt you can be a very tough thing to do. Fault divorces can also include situations where one spouse is facing felony charges and imprisoned, has mental problems or is mentally incapacitated, or if a spouse has abandoned the other by leaving with the intention of abandonment.
In most cases, court is not preferred, which leaves other options to help you come to an agreement. An easier option than court is mediation. Mediation is where an unbiased third party, such as an attorney, meets with both parties to discuss the issues at hand and help them come to a mutual understanding. Sometimes this becomes difficult but it is a much faster and cost-efficient alternative rather than going to trial.
If there are children between you and your spouse, the judge will decide the best adaptation for the two parties based on a variety of factors. There’s no need to worry about your ex-spouse having access to your children, if the home is unsafe or there has been previous assault or abuse the judge will not allow it to continue. It is to be expected that you will go to court to deal with child custody after the divorce.
After all is said and done, the objective is to resolve all legal issues between you and your ex-spouse and aid you in coming to an agreement that will work for all of those involved. If you’re not sure the best path to take you can always consult an attorney and they will assist you in deciding what will be the best course of action and see to it that everything runs as smoothly as possible.