As unsavory as it is, divorce is sometimes necessary, but what does this entail?
Divorce is a process of eliminating a marriage, usually, the dissolution of the marriage would remove legal duties and responsibilities that are put in place by the local government.
When going through a divorce there will be the intervention of a court or any higher authorities as the legal process involves determining the new status of the property, child custody, alimony, child visitation, and child support.
Typically, divorce is due to personal reasons between both parties. Don’t confuse divorce with annulment as annulment includes a void marriage with legal separation. This is a formal way to say the couple are “separated” but are still legally married to one another.
Grounds for Divorce
According to the law in the United States, a party wishing to get a divorce from their partner must have valid and reasonable justification at the divorce trial. Some states in the country require that the couple must live separately for a few months before they can file for divorce.
Previously, many states provided divorce on fault grounds but now they have all adopted the no-fault grounds for a divorce. A no-fault grounds would mean that there were irreconcilable differences, incompatibility, and so on.
How to File for a Divorce
Firstly, check with the local state laws as to what documents are needed and what papers need to be filled out.
The first document is the complaint which tells the court you wish to end your marriage, after which your partner needs to be notified with the same form. After this, the court will begin with the process of ending the marriage, which will take some time. This can take a few hours or 3 or so days.
When Do You Need a Lawyer in a Divorce?
If the divorce is uncontested and all terms are agreed upon immediately, this includes children, division of property, child support, and other major problems and hurdles then it will go smoothly. When this happens typically you don’t even need a lawyer to deal with any of it.
If the divorce is a bit messier, then a lawyer may be necessary, keep in mind though that this will add up with the cost of the court filings. The average fee for a divorce lawyer is about $250 an hour, and with how long cases like these are usually you would spend about $15k. What the lawyer can do is defend your right to certain assets or custody of children to make sure that you’re represented fairly.
Your lawyer can also try and work out a deal with your partner to settle it out of court. If this is still not an option then the lawyer will make sure to reason with the court concerning the divorce as well as the problems with the cooperation of your partner. Because of this, it’s much better to work these out with your partner beforehand to make it quicker and cost less.