Protect Yourself With An Understanding Of Divorce Law
By: Jay Anderson
If you're happily married, good for you. However, divorce is increasingly common in this country, and it's something you might have to one day face. Of course, it's something that usually happens bit by bit, over time and not all at once, but it's still a hard situation to face if you're there. If you do happen to be (unfortunately) in the market for divorce, there are a few things you need to know about divorce law, in order to get the best outcome for you. If you don't do this, it's likely that you are only relying on advice from friends and family, and this may not be accurate. In fact, it can leave you worse off than you are now if you follow this advice and it's wrong.
One of the most important things you should know is that divorce law differs from state to state. If you're divorcing in California, for example, it's somewhat different than what would happen to you if you were divorcing in Wisconsin. One of the things that can change greatly from state to state is the division of assets. It's also true that in most cases, you have to file for divorce in the state you live in, so that you cannot go to another state just because that state's divorce law favors you more than your own home state's does.
Next, what can you expect? It's much more common these days to have what's called a "no-fault" divorce, also known as an "uncontested" divorce. With this type of divorce, both spouses agree that a divorce is the best outcome for both of them, and they've basically agreed as to how jointly owned assets should be split up. If no children are involved, this is usually easiest. In fact, with a no-fault divorce, oftentimes, a divorce lawyer isn't even needed. If you do need a lawyer, it's usually on a minimal basis at most.
Some states require that you separate for a trial period before you are granted your divorce. This is also sometimes known as "test" divorce. With a separation, the divorcing couple lives apart from each other and does not have any interaction with each other day today. This lets the couple know what it's like not to have his/her spouse around. In many cases, people actually discover that they don't want a divorce during this period, and they're suddenly more willing to work through differences than they were in the past.
If a divorce is something called "at-fault," one of the spouses has usually done something that is considered a "breach" of the marital agreement, such as infidelity, cruelty, or abandonment. "Cruelty" can be construed as either physical abuse, or can be emotional or verbal abuse as well. Depending on your state of residence, this type of divorce might not require that you have a separation.
In the case where both spouses are guilty of some type of marital contract breech, a principle known as comparison rectitude comes into play, which is designed to determine from the two guilty parties, which one is guiltier. This can sometimes be difficult to prove since more than just word of mouth is required for proof, but the outcome can drastically affect the division of property and assets.
If you are currently facing divorce, make sure you know divorce law and specifically, the divorce laws for your state. It behooves you to know this, because even though your current situation is stressful, the one you'll suddenly facing will be much more so if you don't do your homework. If you do, you least know what to expect and will be prepared for what you face.
Article Source: http://www.ezarticles.info
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