Divorce
Divorce is often a very unpleasant experience, but at the same time it
can open up a whole world of new possibilities. It means the end of a
marriage which you entered into expecting it to last the rest of your
life - which is painful in itself. But unfortunately life doesn't always
go to plan, and that's something we simply have to accept. This article
will cover what divorce is and how it differs from separation, how you
can go about getting a divorce and what happens after the dust settles.
What is Divorce
Divorce is a process which legally ends a marriage. It effectively ends
all legal obligations you have to your spouse which were put in place
when you got married. That said, divorce can create legal obligations in
its own right - for example, you may have to pay support money to your
former spouse depending on your relative financial situations and your
circumstances before your marriage.
This is different from legal separation. Legal separation allows you to
live separately and effectively end your relationship, but in the eyes of
the law you are still married. You'll have a court order which lays out
your obligations to your spouse for the time you're legally separated. A
legal separation is often used as a trial period so couples can see if
they can work out their differences and decide if they want to move on to
a divorce, which is a much more final legal move.
When you're legally separated you're still able to keep the medical and
tax benefits that being married can bring, while still addressing issues
like the division of assets and debt and child custody. If the legal
separation is successful and you decide to follow it up with a divorce,
often the precedents laid out by the legal separation agreement will
simply be carried over to the divorce. In other words the same child
custody and property division practices will be carried over.
How Do You Get a Divorce
The rules surrounding filing for divorce differ from state to state. In
general, the first step is to get and fill out the necessary legal forms,
although you may want to talk with a lawyer before you do that to work
out where you stand in terms of child custody, property, alimony and
other important issues you're going to have to work out.
You may want to consider going through a legal separation if you're not
entirely sure the problems in your marriage can't be overcome. Sometimes
time apart can be enough to realize the benefits of your marriage
outweigh any troubles you've been having. If you're absolutely certain
problems can't be overcome (abusive behavior, for example) then you
should proceed straight to filing for divorce.
If you want to avoid a court battle it's in your best interests to try to
agree with your spouse on important issues like child support and
property division (and trust me - legal battles are not pretty and are
especially tough if you have children, so it's better to work things out
peacefully). If you think you can work things out but you and your
partner aren't really communicating, you can use a legal mediator to help
you reach conclusions that work for both spouses.
Ending a marriage is never easy. I know I've been where you are right
now. That's why I provide others with the information I wish I had known
before I went through my own divorce. So stick with me and we'll get
through this together.