The divorce process is challenging, even if both spouses agree on the marriage dissolution. Despite the emotional aspect of a divorce, the involved parties engage in a complex legal process. If you are looking for an experienced divorce attorney, Amiri Family Law will guide you through the divorce process in the most efficient way possible.
The process of divorce.
Legal action is needed to end a marriage even if both spouses decide to live apart. One spouse must apply for the divorce in the proper court, and the judge grants the divorce. Ensure to state the specific reason for the divorce. It must include:
- The spouse commits adultery.
- The spouse is cruel.
- The spouses live separately for one year or longer.
If the reason for the divorce is living separately for one year or longer, note the following:
- Before the divorce is granted, the one-year for the separation must be met. After being separated for one year, the spouse can apply for a divorce.
- It is not a must that the spouses live in different residences. To determine if a couple is living separately, the court will consider factors like shared finances, the last time they got intimate, shared chores, and if a spouse is in a relationship.
- The law allows you a reconciliation period of 90 days during the separation in case you need to reconcile with your spouse.
Before the court grants the divorce, certain issues should be resolved. It includes:
- Spousal support.
- Child support.
- Asset and property division.
- Child custody.
The couple should agree on these issues, or the court will help them resolve them. Avoid resolving these issues at a court by hiring a skilled and experienced divorce lawyer to facilitate mediation and negotiation on your behalf. If there is no agreement, a trial is necessary. The court will grant the divorce if all the relevant matters are resolved. The attorney’s level of experience matters. Before hiring a divorce attorney ensure they have handled similar divorce cases. Contact references and read reviews to get to know the lawyer’s reputation.
Types of divorce.
1. Contested divorce.
It is when the spouses fail to agree on one or more divorce terms. Divorce attorneys will help to resolve this matter, failure to which the court will intervene. Divorcing spouses should consult a lawyer to avoid unnecessary costs and delays.
2. Uncontested divorce.
The divorcing spouses agree to the divorce and its terms which may include child custody and property division. A separation agreement is signed, and the court reviews it. This type of divorce is quick, simple, less costly, and less stressful.
Conclusion.
Before contesting for a divorce, there must be a reason that includes the spouse being cruel, committing adultery, or a one-year separation period. Issues such as spousal support, child support, property division, and child custody have to be resolved before the court grants the divorce. The two types of divorce are contested and uncontested divorce. It is always advisable to hire an experienced divorce attorney to represent you.