Divorce - The Basics

Each state has its own set of rules and statutes about divorce and marriage. Through divorce, the judge allows people to return back to a single marital status, so they can remarry. The issues that can come up during a couple's divorce may include spousal support, child custody, child support and distribution of property. In some cases, where the couple owes money, the division of debt is also considered during divorce proceedings.

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A legal separation has many similarities to a divorce. As with a divorce, the matter of child custody, visitation rights, child support and the division of assets remains the same. However, unlike divorce where the marriage is annulled and legally declared void for the couple, in separation, the couple does not end the marriage and the marriage is still binding when they go their separate way.


When your marriage is falling apart and you do not know what to do, first, consider counseling and see if the differences can be resolved easily. If the differences are irreconcilable for some reason, and you need the help of a legal adviser, it is best to consult an experienced divorce attorney. You will need to give the attorneys the reasons based on which you seek a dissolution. This reason will be considered grounds for divorce.


Based on your individual case, the divorce may take anywhere from 30 days, to a few years. Each case varies in its complexity, and the more complex the case, the longer it takes. If you have been married only a few months, the case will be resolved in 30 days, so you can carry on with your life. If there are no kids, mutual assets or debts, because of the short duration of the marriage, your attorney will file for an annulment of marriage.


Settling matters related to property division, child and spousal support take some time. Such matters also require proper representation of your self in the court of law. An inexperienced attorney may help you lose your rights to property and child support. The first step, your lawyer will take to start the process is issue a Summon, which will notify your spouse that they are required to respond back to the document.


In terms of a fault divorce, the spouse can also challenge the divorce and work towards stopping it. The divorce law firm will know how to prove you right, in such a case. Divorce law has hundreds of statutes and the lawyers will use these to benefit your individual case.


Before starting the divorce process, you will need to be legally separated from your spouse. Your lawyer will evaluate your situation, and handle all matters related to divorce in a smooth manner.


In cases where the couple feel that there are chances of reconciliation in the future, they decide to go for separation. This gives the couple a chance to live separately and sort out their differences and if they decide to live together again they will have their marriage intact.