Divorce:
Divorce is the legal ending of the marriage. The valid marriage of a wedded couple comes to an end. Divorce deals with matters relating to child custody, child visitation, child support, spousal support, and distribution of property.
You may be having several issues with the other spouse and you find difficult to adjust with your partner. For e.g. your life partner may treat you with cruelty so that you cannot run a marriage life smoothly. You might have excused his / her behavior on several occasions but when he /she continue to do the same, you may feel that life would become meaningless if you continue to live with your spouse. You may want to get a divorce to put an end to your marriage.
- You can get the divorce only on the grounds specified in the law of the state, which varies from one state to the other. In some states you can also obtain the divorce on no fault grounds.
- You can also remarry before settling the issues such as child custody, child visitation, child support, spousal support, and distribution of property.
- You can file a divorce petition and represent on your own but it is always advisable to consult a divorce attorney to get more information and he will assist you in filing a divorce petition and to claim your right as far as the matters of child custody, child visitation, child support, spousal support, and distribution of property are concerned.
What is Fault Divorce?
You can obtain a divorce on the following grounds:
If the other spouse has involved in adultery, treated you with physical or mental cruelty, deserted you, involved in alcohol or drug abuse, becomes insane, becomes impotent or has infected with a venereal disease, you can file a petition stating the grounds on what basis you file divorce petition against the other spouse. However, the grounds for filing a petition for fault divorce vary from one state to the other state.
If you want to obtain a divorce on fault grounds you have to prove the fault. It may need documentary or oral evidence. You need the assistance of an attorney before you contest and prove the case. Your attorney will help you to deal your case to obtain the divorce.
What is No Fault Divorce?
No fault divorce is a divorce where you do not blame the other spouse, but you simply say that due to irreconcilable differences you cannot continue your married life. You say that neither time nor counseling can work out the differences.
Distribution of Property
You have to arrive at a settlement regarding the distribution of property. For the purpose of distribution, the property is classified as premarital property and marital property. Premarital property or separate property is the property owned by the spouses before marriage. Marital property is the property, which is owned after marriage. Premarital property belongs to the respective spouses at the time of distribution of the property unless such property gets mingled with the marital property. Marital property will be shared equally by both the parties even it is acquired by the earnings of any of the spouses.
Separation & Annulment
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