A divorce is a legal action taken by spouses to end their marriage. In layman’s terms, it is the process of terminating a marriage before the death of one of the parties involved. This may seem simple enough, but things can be much more complicated from a legal perspective, and many issues usually arise between the couple, especially if there are children involved. Read on to find out what you need to know about the legal aspects and repercussions of a divorce.
Divorce Types
When it comes to getting a divorce, there are several different types available. In a collaborative divorce, each party hires a lawyer and writes down the terms and conditions of the divorce that they later discuss together and come to an agreement. In a mediated divorce, both spouses hire the same attorney to determine the terms and conditions from each side and decide on an outcome. In a no-fault divorce, the breakdown of the marriage is the only thing cited in the agreement with “no faults” or blames put on either one of the parties involved. Usually, if a couple doesn’t want anyone to know why they got a divorce, they will go for this type of divorce. A summary divorce is the simplest type of divorce for couples that have not yet been married for long and who do not have any children or shared properties between them.
Divorce vs. Legal Separation
When talking about divorce, we need to differentiate between it and between legal separation. There are some key differences between getting a divorce and opting for legal separation, the most obvious one being that in a divorce, a couple is no longer married whereas, during a legal separation, they remain married but live apart. The Scottsdale-based experts at https://btlfamilylaw.com explain that in some cases, a legal separation may provide some benefits over a divorce. However, there are not that many couples who opt for legal separation.
Separations can be helpful, especially for couples who are trying to work through personal issues and aren’t sure they want to end their marriage just yet. Once carried out to fruition, divorce cannot be undone, so reconciliation is far easier with a legal separation. If you get a divorce and want to reconcile later, you have to remarry.
Preparation of Necessary Documents
To follow through with a divorce, like any other legal process, there are many documents required. Other than a child custodian statement, which states who will have custody of the child/children, or if it will be shared custody, other documents that must be prepared are the prenuptial agreement (if they wrote one before marriage), the separation agreement, pension documents, bank statements, and utility bills. They may also be asked to present credit card statements, mortgages, life insurance policy claims, tuition fees of children for university or school, and medical bills for ongoing treatments or scheduled surgeries. The preparation of these files and keeping them at hand will prevent unnecessary drama during the divorce process.
Child Custody Issues
Although many issues arise when attempting a divorce, such as dividing property and other shared assets, child custody issues are the most crucial issue for couples seeking a divorce. The issue must be addressed professionally and calmly as failure to determine child custody issues properly will become very ugly for both parents and children involved. Parents must agree in advance about everything regarding their children, such as legal custody, physical child custody, health insurance, and religious issues. Future education agreements, visitation rights for the parent the child won’t be living with, and any other major possible future expenses must be decided and agreed to.
Everything must all be put in writing to avoid as many future problems as possible for the children. In most cases, both parents decide together on these issues, but if they are not amicable, the court will review all documents, analyze the situation, and determine which parent deserves custody of the child. If the child is 12 years old or older, then the child can decide which parent to live with.
Even though a divorce may seem like an ugly solution to marital problems, sometimes it is the best outcome for couples and families who are still struggling despite trying every other alternative. Each state has its own laws regarding divorce and its repercussions, so it’s important for every couple to check their state’s laws to find out what is specifically required to make their divorce as smooth and pain-free as possible.
The only thing you need to know is how much money it’s going to cost you. End of the story.