The Legal Process of Divorce: What You Need to Know
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By PAGE Editor
Divorce isn't exactly something that people go into a marriage planning for, but as with everything in life, things can take a dramatic right turn when they should have gone left. For those currently in the process of divorce, it can be an incredibly lonely and frustrating situation to be in for numerous reasons, one of which is being unsure of how the process works and what may come next. In this post, we will take a look at the legal process that you likely go through in order to give you all the facts that you need to illuminate the unknown and provide some respite from the darkness that you might be feeling.
Understanding The Grounds For Divorce
In many countries, simply deciding that you want a divorce might not be enough to initiate proceedings (at least without some sort of cool-down time to reconsider). Generally speaking, you will need some reason why you want to begin the process in order to proceed legally. These can range from the usual issues like adultery to the more esoteric ones like insanity, but the reason you choose (either unilaterally or as a couple) will shape your course of action moving forward. According to Smith Law Office legal services, it's wise to contact a divorce attorney for a consultation to discuss your circumstance and see where you stand legally. Once you have settled your reason for divorce, you can move on to the actual steps you must take to start the procedure.
Filing For Divorce: Initial Steps
Once you are absolutely sure that you want to embark on this life-changing event, your first step should be to contact a legal representative who can guide and advise you on how to move forward. Hiring a lawyer who is well-versed in divorce law, not only in general but also for your specific jurisdiction in particular, will go a long way in ensuring that you come away with as few issues as possible. You should contact a few different firms before settling and set up meetings with each of them to discuss where you stand and what you need to do and to gain a better idea of whether you and they are compatible. You will be interacting with your lawyer a lot throughout the process, so you need to get along with whoever you hire.
You will also need to get your financial information in order, including everything related to your assets, debt, and property ownership. Doing so will expedite the process and help your attorney to come up with a game plan. The more information they have, the better your chances will be at coming to an amicable solution with your erstwhile spouse. All that needs to happen is to file official divorce papers that you will submit to a family court. This will be created with help from your lawyer and will contain the grounds for divorce alongside your desired outcome. If you haven't already, you must also serve divorce papers to your spouse for everything to be legal.
Understanding Property Division Laws
As with all the information in this post, property division will vary depending on where you are legally getting divorced and what laws are in place concerning the issue. Nevertheless, most countries and states will enact some form of division, differing in terms of how they are applied and on what grounds. Very broadly speaking, property and assets that you invested in together will be split on a 50/50 basis as equitably as possible. However, in certain situations (such as child custody, prenuptial agreements, and so on), it might not be as clear-cut. The only real way to ascertain how this will work is to speak with your legal representative, who should be able to give you all the information you need to know based on the jurisdiction in which you live. Moreover, there are various other factors that will determine how property is split, including (but not limited to):
The length of the marriage
The earning capacity of each spouse
The contributions of each spouse to the marriage, including financial contributions and childcare
The health of each spouse
The needs of any children
Debt can also be a sticking point, but the same rules tend to apply, which is that if the debt were accrued willingly between all parties, it would also be split along assets.
Child Custody And Support Considerations
Divorce is difficult enough for childless couples, but when kids are involved, it can take on a far more challenging bent. First and foremost, you should never use children as bargaining tools, which, aside from generally being immoral and highly disruptive to a child's sense of well-being, could be looked at very unkindly by a presiding judge. Instead, this situation ought to be treated with delicacy, and if all else fails, let your attorney discuss the matter among themselves to ensure a decision can be reached as unbiasedly as possible.
Mediation Vs. Litigation
In most cases, mediation will be the best approach. This is a far more holistic way to deal with any issues that arise during the course of the divorce and can help to settle matters far more sensitively and sensibly. However, if it is impossible to reach a conclusion because of high levels of animosity or other factors, litigation may be your only option. Because litigation will be headed by a judge and in court, any decisions will be final. This makes it a better choice if your differences are irrevocable and you simply cannot agree to anything.
Navigating Spousal Support Agreements
If you or your spouse has been the primary breadwinner, you may be liable to pay or receive alimony, depending on the situation. Additionally, if children are involved, then it's very likely that some sort of child support agreement will need to be reached before finalizing any deal. There is no exact answer to what needs to be paid as the amount and frequency will vary based on myriad elements and what is feasible.
Finalizing Your Divorce Settlement
Once everything has been agreed upon and everyone is happy (as happy as one can be in this circumstance), then all that's left is to finalize the settlement and sign your marriage away. This can be a harrowing moment as much of the previous time will be spent in a flurry of negotiation, leaving you little time for grief. Consequently, you should spend time with friends and family to help you to move on with your life.
The reasons for divorce are complex enough without having to get to grips with all of the legalities involved in the process. Hopefully, we have shed light on the procedure and given you the information you need to move forward.
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