Marriage is the union of two people in love and includes obligations and responsibilities that each spouse shares with one another.
The ceremony for marriage varies across culture. However, the goal is always the same which is to live together in sickness and in health, through sorrow and success.
But sometimes, marriage doesn’t work after many years. There are economical, emotional, and legal problems that the couple can experience along the way. When nothing seems to rekindle the matrimonial bliss, the couple may choose to get divorced and continue to live separate lives.
Divorce includes legal proceedings which can affect the different aspects of a family’s life. It can have mental and psychological effects on the couple plus it can also cause trauma to the children.
In this article, we will discuss the essential steps on how to legally get a divorce while making adjustments with your children. Meanwhile, do remember that no two couples are the same and the considerations for every divorce differs. It is still advisable that you consult an attorney to help you with your personal situation.
Understanding Legal Separation versus Divorce
Contrary to conventional knowledge, legal separation is different from divorce.
During a legal separation, the court renders an order that specifies the rights and duties of both spouses to live separately while the marriage is still active. Meanwhile, in divorce, there is a total termination of the union of the couple.
The court proceedings between the two terms are similar since it decides on the same common grounds including child support/visitation, alimony, and property division. That is why people often interchange the two concepts unconsciously.
Steps To Take To Get A Divorce
Divorce can be due to various conflicts which can be damaging both financially and emotionally. It involves paperwork that you need to forward to the court. Here are some of the things that you must remember:
- Know More About Divorce
If you wish to end your marriage, you need to be educated and gather all the information you can. Here are some steps on how you get a better idea about divorce:
- Read the basics about divorce in books, pamphlets, journals on the internet, and other resources.
- You can read the other court decisions or jurisprudence and think of how divorce can change your life and your children’s lives.
- Familiarize yourself with the state and federal laws that discuss divorce. Be aware of the processes and requirements of separation since it differs in each state.
Know about the various types of divorce such as summary, collaborative, mediated, and at-fault divorce. Each class has its advantages and disadvantages.
On top of that, getting an idea about divorce can prepare you mentally for the challenges and consequences ahead of you. You can also get your children ready for the new setup that will happen in your family.
- Establish The Grounds
In the court proceedings, you cannot file a case for divorce when you don’t have an established cause of action or the grounds are not specified.
The grounds for divorce in the United States differ from state to state. But it falls into two major categories which are the following:
- With Fault – This includes deliberate actions and with intent to harm or do wrong during marriage such as abandonment, adultery, and cruelty.
- Without Fault – This includes separation and incompatibility of both spouses.
It is crucial to know if your state requires a specified period for legal separation. It will allow you as a couple to live apart while you maintain the order of the court about issues regarding child custody and financial matters.
- Collect Essential Papers
To ensure that your plans for divorce will prosper, it is essential that you have the paperwork ready before you present it to the court. Some of these are the pay stubs, tax returns, deeds, power of attorney documents, and wills.
Arrange the documents in order, file them, and keep them safe. With this, you can prevent the loss of the papers and minimize the need to go back and forth while in court.
- Estimate Financial Assets
You will also need to declare your financial assets accumulated during the entire marriage. You need to list all your properties owned and those that have disputes.
It is crucial that you assess your financial capacity first before pushing for divorce in court. Calculate how much the estate of your marriage costs and check if you could afford support for yourself and the children.
The credit levels plus the property values must be assessed too before beginning the process. With this, the judge can divide the properties proportionately and determine alimony and child support.
- Hire The Services Of A Competent Lawyer
Hire the services of a legal counsel so you can get advice on how to proceed with the court processes. A lawyer can also help you establish your cause of action and win the divorce case, especially if you think that the marriage is not working anymore.
Lawyers can give you advice on how to adjust when you wish to have custody of your children or entrust a part of your property to them.
Conclusion
Divorce will affect the people around you, especially your children. You have to decide both on the kind of care your children must have plus the custody arrangement.
You and your former partner must also establish agreement on the education and religious upbringing of the children, as well as the visitation rights.
Deciding on this situation can be challenging, but it does not necessarily have to be. You can always consult an attorney like the ones here to aid you in coming up with a plan regarding your struggles, especially with your children’s care after the divorce.
Peggy Fleming
Peggy Fleming is one of the most promising young law writers of year. She adds a modern take to her pieces on various law topics, which she writes for the common reader. She enjoys playing tennis with her siblings during her free time.
