Divorce In A Nutshell
January 2, 2010 in Relationships by Carol Cavanaugh
A divorce, sometimes referred to as dissolution of marriage is the legal complete separation and division of a marriage. In different countries because of the different practices, the process is to be adopted by an authorized judge or other legal head. Annulment is another term that may be used when referring to the breakup of a marriage, however there is a difference. When a marriage is said to be null and void by an individual of the law, it’s called an annulment; meaning that the marriage wasn’t ever legal or actual from the start.
Dissolution of marriage is not permitted in some places around the world, however they usually allow an annulment to be done based on the circumstances. Rare is a divorce uncontested because issues of child custody and division of assets are usually at the core.
There are several additional legal processes that might follow, there could be an argument on who’s most appropriate to have the kid “if any,” and moreover who must pay for child support. With that also comes the issue of who gets to keep the car, house etc. Additionally, there could be a spousal support request, aka alimony.
Dissolution of marriage was possible only on certain grounds with proofs thereof after 1970s. At that time, marital infidelity was the only basis for divorce and had to be proven by the mate seeking the dissolution of the marriage.
Since 1975 most states have adopted the “no-fault” policy, this is where a couple can get a dissolution of marriage, simply based on the fact that they do not want to be married to each other anymore. The commonly used reasons in these cases are incompatibility and irreconcilable differences.
Most people arrange for divorces out of court nowadays; they separate and divide their belongings without hiring attorneys or mediators. When parties cannot come to a reasonable agreement to present in court the utilization of counsels takes effect. Here is an instance in which approval is usually a given. It is preferable that the parties should themselves agree on assets sharing and custody of the child/children, otherwise they may go to the court to decide for them.
Collaborative dissolution is also becoming popular and is very similar to uncontested, however the parties usually need attorneys in order to come to an agreement and there is usually a negotiating process, where each party’s attorney states why their client is the best person to keep whatever asset is in question, who is to keep the children among other things.
Read a humorous guide to Divorce from Hell that will teach you what not to do. If you need more information, go to the extensive list of frequently asked questions about divorce in Austin on the site 24/7.
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