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Looking At The Legal Situation Of Divorce

Divorce is a situation that many people will have to experience at one point or another. At this point over 50% of all marriages in the United States, over 40% in the UK and over 30% in Australia will end in divorce and there are many different factors that come into play when dealing with one of these cases in court. For individuals who believe that a divorce case is pretty much black and white and similar to any other divorce case, this article should be an eye opener.

At Fault Divorce This is a divorce that might be contested or might be the result of arguing about alimony and splitting of assets, but it comes up when the actions of an individual puts them at fault. Someone found at fault for a divorce will often find themselves with less rights and more punishment than the other partner who wants out.

Causes for being found at fault can include spousal abuse, affairs, or a variety of other actions that are less severe but still seen as seriously damaging to the relationship.

No Fault Divorce A no fault divorce tends to be a more amicable situation when the marriage is dissolved and often is the ruling when both partners decide they need to dissolve the marriage and separate. In some cases a no fault divorce can still be bitter and contested, but ruled as no fault when the judge sees both as being a part of the relationship going sour or if there's just no way to for sure choose one side of the union over the other.

Common Law Marriage Common law marriages are tricky when it comes to divorce, since the rules were different for how the union worked in the first place. Just separating isn't enough in most states to dissolve a common law marriage. A court date will still be necessary to break the union.

The exact process varies immensely from state to state, in part because common law marriage laws are different from state to state.

Is There Common Law Divorce? There is very rarely a "common law divorce" solution to common law marriage. While a few select states may offer an absolute minimum of effort to dissolve these types of marriages, a court appearance will almost certainly be necessary at the very least.

Common Custody & Visitation Issues The biggest issues that generally come up in a divorce proceeding outside of money are custody issues. Who gets the children? What are the visitation rights? Do child support and alimony come into play at all, or are these things non-factors? These are huge issues when it comes to divorce, and often among the most bitterly contested part of any divorce proceeding.

In Conclusion When it comes to divorce, things often aren't clearly cut and dry, as this article clearly shows. While not everyone will have an overly complicated proceeding, there can be serious issues depending on what the specifics of the actual situation are. Never assume any two divorce cases are going to be the same, because they're often not. If you are facing any of these issues, it would be advisable to seek the advice of a specialist divorce lawyer in your area.


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