What is Divorce?
Divorce is also known as Dissolution of Marriage. It legally takes place when by the court proceedings a marriage is terminated. Divorce issues sometimes become complicated on the issue of property distribution and child custody. Therefore, couples going through a divorce may want to consider hiring a qualified divorce lawyer to help determine the most equitable decisions.
A man who has been divorced is a divorce; a divorced woman is a divorcée.
A divorce is generally accomplished through a Court of Law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the divorce are also determined by the court, though they may take into account Prenuptial Agreements, or simply ratify terms that the spouses have agreed on privately. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful (and expensive) litigation. A less adversarial approach to divorce settlements has also emerged in recent years, known as Family Mediation, an attempt to negotiate mutually acceptable resolution to conflicts.
Is there any Alternative to divorce?
Annulment and separation are the two most common alternatives to divorce. Rather than ending a marriage, an annulment treats the marriage as though it never existed in the first place. Annulment is opted for religious reasons or because couples do not want to get divorce. The practice of annulment is most common among couples who have not been into marriage for long. The primary reason for this is to absolve marriage that is built on deception or misrepresentation. For instance a partner lies about his/her age or hides known inability to have children.
Separation on the other hand is mutually agreed decision to live separately without getting divorced. Separation can be of several types:
Trial separation – When a couple is uncertain about the future of their relationship. They are not sure whether to take divorce or not. During this time, they live apart, but their assets and debts are still considered mutual.
Permanent Separation – In this the couple has already decided not to come back together. Since they have actively decided to live apart, no liabilities material or financial will be collective. Any material gains and losses are the individual’s rather than the couple’s responsibility.
Legal separation – when a couple decides to separate permanently, they may choose to become legally separated. This means that a court decides how property and possession are divided and makes decisions about child custody, child support, and alimony.
What are the different types of divorce?
Fault and no Fault divorce are two major types of divorce:
Fault Divorce: In some cases, one partner can be shown to be at fault in a divorce. This is most common when abuse is an issue. One spouse may also be found at fault if it can be shown that he or she is guilty of adultery or abandonment. In addition, a fault divorce may be given if one partner is unable to engage in sexual intercourse or if he or she is in prison. In some cases, the divorcing spouse may want to file a fault divorce, because he or she may be awarded a greater share of the couple’s assets. Fault divorces also tend to be processed more quickly as there is no separation period like the one required for a no fault divorce.
No-Fault Divorce: A no-fault divorce is much less complicated than a fault divorce. In a no fault divorce there is no need for evidence or proof of wrongdoing. Instead, any legally recognized reason for divorce is acceptable. Generally, “irreconcilable differences,” or the mere inability to get along, is considered a valid reason for no fault divorce. This means that the other spouse cannot prevent his or her partner from filing for divorce. By challenging the decision, he or she only lends merit to the fact that the couple does not see eye to eye.
What is divorce | Causes | Financial and emotional | Legal aspects | Annulment | Alimony | Community property