It is rare that people go from being a happily married couple to being opponents in a divorce court, but if you are considering divorce, it is clearly in your best interests to know how divorce law works and what it can mean for you. Without an understanding of the law, you are relying on word of mouth, which may or may not be accurate and can leave you in a worse situation than you are now if you follow the wrong advice. First of all, divorce law varies from state to state, so it's up to you to know the laws of your state to get the best outcome possible.
One of these areas is in separation of assets. In most cases, it's also usually true that you have to file for divorce in the state in which you currently reside. Therefore, you can't go to another state to file for divorce just because it might have laws that would favor you more. Next, you need to know what to expect. It is becoming more and more common to have a no-fault divorce, sometimes also referred to as an uncontested divorce. In this type of situation, both spouses agree that a divorce is best for them and there is typically little or no difference of opinion as far as the split of assets that are jointly owned.
If there are no kids involved, this is usually the easiest way to do it. In fact with this method, the use of a divorce lawyer may not be necessary, or if it is, their services will be very minimal. In some states, you are required to be "separated" before you can be divorce. This is sometimes known as a "test divorce.
" With this situation, the couple usually lives apart and does not have any interaction with each other day-to-day. This is so they can see what it's like not to have the other around. It's often true, surprisingly, that when couples try this "test divorce," they discover they really don't want a divorce at all.
Suddenly, they're willing to work to their differences much more amicably than they were in the past. In an at-fault divorce, there is usually one of the spouses who has done something that would breech the typical marital status, such as infidelity, abandonment, or cruelty. Note that cruelty can be defined as physical cruelty but can also be proven to be emotional or verbal abuse. Depending on the state you live in, this type of divorce may not require a separation period.
If both spouses are guilty of some type of marital contract breech, then a principle known as "comparison rectitude" is implemented. This is designed to determine which of the two guilty parties is guiltier. This is often difficult to prove, since more than accusation is required. However, the outcome can significantly impact how property and assets are divided.
If you are facing divorce as a possibility, make sure that you know divorce law in general and in your state. Even if your situation is difficult at present, going through a divorce in the wrong way could put you in an even worse situation. If you know the law and what you can expect, you'll be much more prepared for what is to come.
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