Five Things That You Should Know in a Divorce
Though it is good to have a happy marriage, when you face a hard situation like divorce, you should have the courage to overcome it. Usually circumstances for divorce occur bit by bit and not suddenly. If you happen to unfortunately enter into the divorce market, you may have to consider the following things on divorce to overcome the process smoothly. Relying solely on friends and family alone for advice would not help you much.
1. In US, law on divorce differs from one state to another. For example divorce in California is different from divorce in Wisconsin. Though they differ mainly on division of assets, divorce can be filed only in the state where you live. You can not go to another State which offers more on division of assets.
2. Nowadays, an uncontested divorce, also called as no-fault divorce has become more popular and common amongst spouses opting for divorce. Under this divorce, they have to mutually agree and understand that divorce is the only option for both spouses, after arriving at a basic agreement on splitting up of jointly owned assets. The process becomes easiest when there is no involvement of children out of the wedlock. For no fault divorce, lawyers are only required either on a minimal basis or they are not required at all.
3. Some states insist on a “test” divorce, under which separation is required during a trial period before grant of divorce. During the period of separation, the couple opting for divorce should live apart without any interaction in between. Under the circumstances of separation, couple will get to know each other and will try to live without the partner. Many times, people suddenly discover that they do not any more require divorce during the period of separation, and get willing and prepared to make adjustments on past differences.
4. In an “at-fault” divorce, any one of the couple breaches marital contract and has committed abandonment, infidelity or cruelty to the other partner. There are different kinds of cruelty such as verbal or emotional cruelty or physical cruelty. Some of the States do not require an initial trial separation for at-fault divorce. When both spouses become guilty of committing breach of marital contract, the principle of comparison rectitude is employed. This method compares the guilty parties and determines which party is guiltier. It is very difficult to prove the degree of guiltiness through mere word of mouth which can drastically change the direction of case and decide upon division of assets and property.
5. If you are facing the divorce right now, you should know the specific divorce law relating to your State in which the case is filed, even if you are under a stressful situation. A proper homework will enable you to face the situation with great courage and you will come to know and understand what to expect out of the case.