Divorce

No Fault Divorce versus Fault Divorce

A no fault divorce means that the married couple has tried all that they can to no make the marriage work but to no avail. For this reason it is called a no fault divorce in the courtroom. In this case, the court does not need to investigate and know why the couple wants divorce. Usually the judge will not ask any other questions about the marriage and allow the divorce to move on. One of the parties just need to state in court that the marriage is irretrievably broken.

A fault divorce, on the other hand, is when one or both of the parties have done something to cause the need for divorce. A fault divorce may be granted when the proper grounds are there and at least one spouse asks that the divorce be granted on the grounds of fault. Not all states allow fault divorces. The traditional reasons allowed for fault divorces are the following.

1. Cruelty to one of the spouses. This is when one spouse will inflict unnecessary emotional or physical pain on the other spouse. This is the most usual cause for divorce.

2. Adultery. This is when one of the spouses has an affair outside the marriage.

3. Desertion. This is when one party leaves the other for a certain length of time. This usually means that one spouse moves out of the home and lives independently or with another person.

Being confined to prison for a certain number of years is considered grounds for divorce by the spouse that is free. They can determine that they want to end the marriage and start the necessary divorce proceedings.

4. Inability to engage in sexual intercourse, as long as it was not disclosed before the marriage took place.

People often choose a fault divorce because they do not want to wait. They do not want to have a separation required by their state's law for a no fault divorce. In some states, a spouse who proves the other person is at fault, end up getting them a greater share of the marital property or more alimony. This is why the fault divorce is so popular these days.

Dealing with Children of Divorced Parents

Parents who are getting a divorce must be careful as to how they respond to the query of their children. After telling them what is going on, they need to assure them of 2 things: (1) that they still perfectly love them and (2) that they don't need to feel insecure about the situation.

They should never fight in front of the children. This will be very disturbing to the children and may cause them to have fearful attitudes. Refrain from speaking negatively about the other parent. Be careful not to call the other parent names or to talk about the bad things that he or she has done.

The children should not be taken away from the other parent unless they are in danger of anything. They should be given the chance to see their dad or mom when they feel the need to. Let them know that they can still call him anytime. Be happy to drive them to see him or her any time they want.

At this moment of difficult adjustment for the kids, don't distance yourself from them. Keep on being a responsible and loving parent. Gifts and money do not cover your need to spend time with them. Communicate, communicate, communicate. It is just as hard a time for the parent as it is for the children. Parents keep up your strength both physically and emotionally for the children's sake.

If you think that the child needs to talk to a professional counselor, make the necessary arrangements. It is crucial for the children to be able to discuss their feelings and be reassured that they have nothing to worry about concerning the divorce.

The Role of an Attorney in Divorce

One of the things that you need to do If you are thinking about a divorce or your spouse has already filed for a divorce is to get an attorney. This is to help protect you from being at a disadvantage. He can make you aware of all the possible outcomes and do what you need to in order to protect your future.

It is your option to represent yourself in a divorce proceeding. However, this is not always the recommendation especially if there are serious questions about the children or the assets. If you can't afford an attorney, the judge may seek assistance for you from your spouse.

The attorney's help is important during the divorce proceeding when spousal support called alimony is involved. Depending on the length of time you were married, the age and health of the parties involved, and the ability for one of the parties to earn income and maintain the marital standard of living, the court may order support paid by one spouse to another. This is aside from child support that may also be involved.

Spousal support can be for a limited time period or for an indefinite period depending on the circumstances. It can be reviewed if there is any significant change in the circumstances of either of the former spouse. If the spousal support question is waived, then the party giving up the support may not ever come back to ask the court to award it again.

An attorney's help is also needed to protect the marital property and divide it fairly. Marital property is anything that the couple bought while they were married. It does not matter whose name the property is in or who actually purchased it. Bank accounts, pensions and retirements, and stocks are marital property even if they are held in one name only. Property brought into the marriage is still marital depending on the length of the marriage and what type of property it is.
Debts are also divided accordingly between the spouses in a divorce.

Pensions and retirement are marital property and it can be divided in a divorce. They can be given a present value based on the kind of pension and the parties' rights to receive an income from that pension. Usually the court system is fair in this decision, but an attorney will fight for your rights and make sure that your side of the fight is heard.

It is always a good thing when a couple can make the appropriate decisions about how things should be split up before actually going to court. Attorneys will just be there to help things progress along without having to worry about any legalities. This is the best way to protect each party's assets and to make sure that the proceedings are fair.

If you are not happy with the attorney that you have hired, you should defiantly talk to them about it. Explain your case and make them understand why you are not happy with their work. If you cannot work out the situation with your attorney, you do have the right to find another attorney at any point in the game.

Legal Separation Not Divorce

When a couple gets a legal separation, it is a lot like a divorce. It will involve the same process of filing papers with the court to start a legal action. The court will then have to make the decisions about where the children will live, debts, and assets in a divorce. At the end of the process, the parties are legally separated but not actually divorced. This means that they are still married but are not responsible for each other and what the other party does.

This is the best thing to do when the couples are not getting along. It can be a way of taking a break and finding out what each party wants. There is no need to rush into getting divorce. It is a decision that has to be well thought out just as the marriage should have been.

Legal separation gives the couple the chance to try and work things out. However, there are some cases when it did not work and the parties still end up divorced. One year after the legal separation is granted, one of the parties can petition to convert the separation to a divorce. They can do this without further hearings and the other party cannot prevent it from happening. Some prefer legal separation instead of a divorce because of their religious beliefs or for insurance purposes. If the party later on then decides to get a divorce, it will terminate their marriage.