A Short Summary of Divorce
The division of a household, personal assets, custody of children and a married couple is called a divorce. In different countries because of the different practices, the process is to be adopted by an authorized judge or other legal head. {Annulment is another term that may be used when referring to the breakup of a marriage, however there is a difference.} When a marriage is said to be null and void by an individual of the law, it’s called an annulment; meaning that the marriage wasn’t ever legal or actual from the start.
Although Dissolution of marriage is not allowed in some places of the world , but it can be allowed on the basis of the prevailing conditions. Rare is a divorce uncontested because issues of child custody and division of assets are usually at the core.
There are several additional legal processes that might follow, there could be an argument on who’s most appropriate to have the kid “if any,” and moreover who must pay for child support. With that also comes the issue of who gets to keep the car, house etc. Additionally, there could be a spousal support request, aka alimony.
Prior to the seventies in the majority of states, a couple was unable to obtain a marriage dissolution unless they had “grounds” and were required to give proof. The party seeking the divorce had to provide proof that the other party committed an act that broke a sacred vow; the most frequent cause was infidelity.
Since 1975 most states have adopted the “no-fault” policy, this is where a couple can get a dissolution of marriage, simply based on the fact that they do not want to be married to each other anymore. Often employed reasons in these instances are irreconcilable differences and not being compatible.
The most common type of divorce currently is an uncontested divorce; one where each individual agrees on the procedure of separation and asset division, typically sans an attorney’s assistance or any kind of counsel. Counsels are sometimes utilized, but the aim is for each party to come to a reasonable agreement and be able to present it to the court. In this case approval is generally assured. It is preferable that the parties should themselves agree on assets sharing and custody of the child/children, otherwise they may go to the court to decide for them.
Collaborative dissolution is on the rise, which is a lot like “uncontested” but in this case there usually are attorneys involved in the settlement and a negotiation takes place in which each partner’s attorney says why their client deserves a certain property/item, or who should have custody, etc.
If you find this interesting, you can find out about my experience as an top Austin divorce attorney. You may also want to watch our free online seminar on divorce in Austin at www.AustinDivorceHelp.com. Divorce doesn’t have to be a disaster. Learn how a collaborative divorce attorney in Austin TX can help you through family disputes with dignity.
Related posts:
- Want To Search Marriage & Divorce Records?
- How To Search Marriage & Divorce Records
- Ways To Search Marriage & Divorce Records
- Minimizing The Impact Between Divorce And Children
- Ways To Find Out If He Is Married
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