The Anatomy Of A Divorce Case

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The Anatomy Of A Divorce Case
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Even though divorce cases happen to be quite
common these days, filing for a divorce is one
long and very complicated legal procedure that is
also quite painful to go through. Couples going
through a divorce will often require legal
representation from a family law attorney it is
important to hire divorce attorneys who are
experienced in that particular rules that apply
in a certain jurisdiction and especially the part
of the country that you come from.
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What is a Divorce Divorce cases are all about
the termination of a marriage which is referred
to as dissolution of marriage in the legal lingo
what happens are actually legal proceedings that
can also be done in a court. There are different
categories of divorce cases namely contested and
uncontested. In contested divorce cases, the
parties are usually unable to agree on at least
on the issue while in the uncontested divorce the
parties are in agreement on all matters
pertaining to the impending divorce. A legal
separation, which is till offered in a number of
states, will only terminate the parties right of
cohabitation but not necessarily the legal status
of their marriage.
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Filing for Divorce Once the parties have
retained experienced divorce attorneys, the
person who is seeking the divorce will be
expected to prepare a petition for divorce and
file it with the court within the state in which
he or she is resident. Different states have
their different residency requirements regarding
how long a couple must have lived within that
state before they can be legally eligible to file
for divorce. You must, therefore, familiarize
yourself with the laws operating in your state or
ask a family law attorney to advise you
accordingly.
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Grounds for Divorce Every state has its distinct
set of family law which dictates the statutory
grounds for filing divorce cases the grounds for
divorce are usually classified as either fault or
no-fault. There are states that offer both as
available grounds while there are a number of
states that completely done away with the fault
divorce cases altogether. For example, New York
is the only state in the U.S that doesnt offer
the no-fault divorce option.
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In fault divorce cases there is a requirement to
prove some wrongdoing by either of the spouses
which has to be followed by evidentiary
proceedings that have to prove the wrongdoing.
Every state has its own definition via statutes
on grounds that constitute that basis by which a
fault can be found some of the most common
grounds include abuse, cruel treatment, prolonged
imprisonment, and adultery.
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In no-fault divorce cases, none of the parties is
under any obligation to prove that their spouse
was engaged in any wrongdoing a spouse can
granted the no-fault divorce simply because the
marriage may have become irretrievably broken or
that both parties have some irreconcilable
differences.
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