Divorce
Divorce, the legal termination of a state-recognized marriage, is a difficult process for all parties involved. Divorce law varies from state to state so it is important to do careful research and planning before going through with a divorce.Types of Divorce
There are two basic types of divorce:
- Limited divorce -- Better known as a legal separation, a limited divorce a couple terminates rights to cohabitation, but does not dissolve the marriage.
- Absolute divorce -- This is the complete dissolution of a marriage that renders both parties single again. In the past, for a divorce to be declared, one spouse had to prove sufficient grounds (adultery, cruelty, etc.) for divorce.
Today, many states have also enacted no-fault divorce statutes. Under this statute, spouses need only state that they are no longer compatible in order to be granted a no-fault divorce. Not all states have enacted this statute, so if you are considering divorcing, you will need to carefully research your state’s laws.
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Litigation Alternatives
If both parties can agree on the terms of the divorce outside of courts, much pain and hurt can be avoided. The two main areas that cause problems are custody of children and division of assets. When both parties can agree on how these areas should be handled outside of court, then the court will often abide by the couple’s decisions.
Mediation is another alternative to having the courts determine the terms of divorce. In mediation, a third party helps to negotiate mutually accepted terms of the divorce. The mediator is a neutral party who does not give advice, and does not legally represent to either of the parties.
Under extreme circumstances, the courts can throw out the terms that a couple has agreed upon before the divorce hearing. More often, the courts are willing to abide by the couple’s wishes.
Determining Terms of Divorce
When a couple cannot agree to the terms of their divorce, one or both parties will often sue for what is desired. This can become painful, hurtful and very expensive. Issues such as child custody, spousal support, and division of assets can turn into long, drawn-out fights that are left up to the courts to decide.
It is left to the wisdom of the courts to determine what the terms of the divorce will be. Often one or both parties are not satisfied with court’s decisions, however, they are required by law to abide by it.
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