What Is A Divorce

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Sometimes married couples do not get along and find that they are never going to make the marriage work. That is when a divorce comes into mind. A divorce is a legal action between married people to terminate their marriage relationship. It is a hard time for all that is involved.

There is something that is called a no fault divorce. This means that the court does not get in to why the couple wants to be divorced. It used to be that the person starting the divorce had to prove certain reasons for getting divorced. Some of these reasons included adultery or abuse. This time was often difficult for the couple and even a little embarrassing. The questions of what parties had been doing are private and these topics come out in the courtroom.

Now the law is different and it allows one of the parties to get a divorce if he or she states in court that the marriage is irretrievably broken. Usually the judge will not ask any other questions about the marriage and allow the divorce to move on.

In some divorces, however, they can get messy and there are many emotions brought out in court. This is a hard time to deal with and many people go through very depressing times. In some of the instances, one party does not want the divorce and they will fight it with all that they have. This will make the situation harder on both parties.

Some court systems will want to make sure that the couple is doing the right thing. They will in some cases order the couple to seek counseling. This is usually only for the couples that there is hope for. This is not for everyone and it is important to do only if one or both of the parties involved thinks that there is a chance for reconciliation.

People often times give up on their marriage too quickly. In some cases, they never really give the other person or the marriage a chance. There are hard times in all marriages and some people decide to try and work it out, while others tend to just want to give it all up as fast as they can.

It is always best to do what makes both parties happy and able to move on and get back to living the rest of their life. Going through a divorce will be one of the toughest things a person can live through.

Should you have an attorney for a divorce?

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If you are thinking about a divorce or your spouse has already filed for a divorce, it is a good idea to get an attorney. This is something that you should do to protect yourself. You will have a lot of questions and you will defiantly need to have answers. You need to be made aware of all the possible outcomes and do what you need to in order to protect your future.

There is always the option of representing yourself in a divorce proceeding. However, this is not always the recommendation. If there are serious questions involved like children or assets, it is better to have the assistance of an attorney. The attorney can represent only one of the parities involved. If you are not able to afford an attorney, the judge may seek assistance for you from your spouse.

One reason to get an attorney for a divorce proceeding is because there may be spousal support involved. This is called alimony. Depending on the length of time you were married, the age and health of the parties involved, and the ability for one of the parties to earn income and maintain the marital standard of living, the court may order support paid by one spouse to another. This is different question from child support.

Spousal support can be for a limited time period or for an indefinite period depending on the circumstances. It can be reviewed if there is a significant change in the circumstances of either the former spouse. If the spousal support question is waived, then the party giving up the support may not ever come back to ask the court to award it again.

You may also want to have an attorney to protect pensions and retirement accounts. Pensions and retirement are marital property and it can be divided in a divorce. They can be given a present value based on the kind of pension and the parties’ rights to receive an income from that pension. Usually the court system is fair in this decision, but an attorney will fight for your rights and make sure that your side of the fight is heard.

If you are not happy with the attorney that you have hired, you should defiantly talk to them about it. Explain your case and make them understand why you are not happy with their work. If you cannot work out the situation with your attorney, you do have the right to find another attorney at any point in the game.

Divorce Rights - Can one spouse prevent a divorce from happening?

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If one person does not want to get a divorce, but one party in the relationship does and it is a no fault divorce, then the spouse cannot stop the divorce. This is called an irreconcilable difference and is a justification for divorce.

A spouse can prevent a fault divorce by convincing the court that he or she is not at fault. This is something that they would have to prove and it is up to the judge to decide. There are other additional ways to defend a divorce from happening may also be a choice for some situations.

If a person who condones that a spouse is having an affair files for a divorce, the spouse may contest the fault divorce by arguing that the spouse knew of the affair and condoned the action. This is one way for a person to defend himself or herself in court.

Connivance is the setting up of a situation so that the other person commits something to jeopardize the marriage. One type of situation to explain is if a women sets up her husband in situation where he is alone with his mistress. This is known as a set up and it is an argument that one can make in court to defend their actions.

Provocation is the inciting of a spouse to do a certain act. If a spouse is suing for divorce and claims that the other spouse abandoned them, the other spouse might defend their suit because they were provoked by the abandonment. Collusion is if a couple lives in a state where no fault divorce requires that the couple separate for a time and the couple doe not want to prolong the situation. This may lead the couple to mislead the court and pretend that one of them was at fault just to get out of the marriage.

These above defenses are not usually used for a few different reasons. Proving a defense may require witnesses and involve a lot of time and expense. Your efforts will usually bring nothing to the situation. Chances are that a court will eventually grant the divorce. A person should not have to stay married if they do not wish too. The law is designed to give people the opportunity to get out of the marriage if that is what he or she really wants to do. If you are involved in a marriage that you don’t want to be in any longer, the process can be hard to get through, but you can make a divorce really happen, and put an end to the marriage.