The Basics Of Divorce Cases

In the US, divorce proceedings follow state laws and guidelines. All petitioners start by fulfilling the residency requirements. Each state dictates when the petitioner is considered a lawful citizen of the state. A local attorney helps petitioners manage Child custody and divorce requirements.

How to Choose Divorce Grounds

In no-fault states, petitioners are limited to irreconcilable differences. In all other states, petitioners are allowed to use no-fault and fault-based grounds. For all fault-based grounds, the petitioner must present clear evidence to substantiate their allegations. Incarceration and mental incapacity allegations require official orders from the court or the facility at which the petitioner is detained.

Identifying Marital Assets and Discovery

Discovery is recommended for couples with extensive marital estates. The process helps spouses find any assets hidden from them. Each spouse is entitled to an equal or fair division of the marital assets. The marital estate includes real estate, automobiles, jewelry, retirement plans, and pension plans. Tax refunds for the year in which the divorce was filed might be included, too.

Is Spousal Support Available?

In some states, the couple must be married at least ten years before the court allows any spousal support. Eligible spouses receive rehabilitative, temporary, or lifelong support. The lifestyle established during the marriage plays a role in determining how much support the spouse receives and how long.

Temporary support is offered to help a spouse transition to a new standard of living during the divorce case. Rehabilitative support helps the spouse cover the cost of an educational program. Lifelong support is paid until the spouse dies or remarries.

Child Custody Details

If a family member believes their child is at risk, the court might provide Emergency Guardianship. The assignment entitles the family member to make decisions for the child until a formal hearing for permanent custody or guardianship occurs. If dire circumstances are evident, the court could prevent either parent from receiving Child custody.

Agreements and Court Intervention

A couple who cannot reach an agreement attends mediation initially. If the efforts fail, the court schedules a divorce trial. The court makes all decisions about the divorce terms.

In the US, Divorce cases follow specific state laws and might impose some limitations for petitioners. No-fault states prevent a spouse from using fault-based grounds. Other states allow fault-based grounds and offer larger portions of the marital estate if a spouse is unfaithful. Petitioners who need to review the laws that apply to their case contact an attorney right now.


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