Going through a divorce is tough for families. Divorce is not only emotionally draining, but also involves lengthy legal processes that can keep a couple in and out of court for long periods. To get through a divorce in the smoothest way possible, you need an excellent divorce attorney who knows the ropes of family law. No couple plans to divorce after marriage, but sometimes, relationships take different twists, and couples become estranged. Divorce is already emotionally tasking. Therefore, the last thing you want is to get stuck in court while trying to free from your partner. A good family law attorney understands that couples want to get over with the divorce process in the simplest way and move on with their new chapter in life.
Your divorce lawyer will guide you through the legal processes involved in divorce cases. However, it is important to know some of the legal aspects involved in a divorce case. A little knowledge of family law will make the process easier for you as your divorce attorney talks you through the process.
Here are some of the legal aspects of divorce you should know about
1. There Are Many Types of Divorces
While filing for divorce, you should be clear of what type of divorce case you want to pursue. Different states have different laws regarding divorce, so you should abide by the family law of the state you are filing for divorce. That is why you need a divorce lawyer to guide you through. However, here are the common types of divorce cases.
Uncontested Divorce
This is the type of divorce that the majority of couples pursue. Couples decide independently on their divorce particulars without involving third parties.
Collaborative Divorce
In this type, the couple hires individual attorneys to represent their interests in the drafting of the divorce. However, it is not applicable in all states.
Mediated Divorce
In this case, a couple settles on one divorce lawyer to expedite their divorce.
No-Fault Divorce
This type of divorce frees both parties from any wrongdoing or blames. It is commonly used by couples who do not wish to wash their dirty linen in public. The couple agrees that their union is unsalvageable.
Summary Divorce
Summary divorce suits a couple that has not been married for a long time and they have less legal ground to cover in terms of child support, estate division, and spousal support.
2. Financial Terms and Conditions
It is very crucial that a couple agrees and settles on how to divide their finances. You should discuss and reasonably share your finances before documenting your agreement in the divorce. This will reduce the chances of going back to court to contest the divorce settlement. Important aspects of the divorce, such as child support and spousal maintenance should be conclusively addressed.
3. Deciding on Child Custody
As 90% of people in Western Cultures marry before the age of 50, there are higher chances that they may file for divorce when still parenting. In such a case, the couple must consider the children’s welfare in their divorce settlement. They may agree to co-parent or one parent takes full custody. If the divorcing couple cannot agree on the terms of child custody, the court considers the best option for the kids and settles the case. However, the court will let the child decide whom to live with if the child is 12-years or older.
4. Availability of Crucial Documents
The terms and conditions of a divorce can be affected by certain documents such as prenuptial agreement, life insurance policies, pension statements, separation agreements, loan documents, credit card statements, and benefits statements. If you are preparing to file for divorce, consider putting these documents in order as they may influence your divorce case.
Divorce lawyers are experts in family law, and will fully facilitate your divorce case, but it is also important to know some of the divorce procedures. It will be easy for you to follow your divorce proceedings because you’ll have an idea of what is happening.
