Divorce Law - How Not To Get Shafted
February 19, 2008
If you’re married and have friends or family who have been divorced, you know that in general, it doesn’t happen overnight. You almost never go from being happily married to facing divorce overnight. Even so, if you are facing divorce, you must know what divorce law is, how it works, and what it means for you. If you don’t know the law, it means you’re probably relying on advice from others. This advice may not be accurate and it can leave you worse off than you are now if it should turn out to be wrong.
First of all, be aware that divorce law varies from state to state. The same couple divorcing in one state may be mandated with vast differences in the separation of assets than what would be granted in a different state. Also be aware that in most cases, you need to file for divorce in the state in which you reside, so you cannot go to another state just because they have divorce law that favors you more.
Now, what can you expect in divorce? It’s more and more common to have what’s called a “no-fault” divorce, which is also sometimes known as an “uncontested divorce.” With this type of situation, both spouses agree that a divorce is best for each of them. There is also usually little to no difference of opinion when it comes to splitting up the assets the couple jointly owns. If the couple has no children, this is usually easiest. In fact, with this method, you may not even need a divorce lawyer. If you do use one, in general, services required will be very minimal in most cases.
In some states, you are required to be “separated” before you can be divorce. This is sometimes known as a “test divorce.” With this situation, the couple usually lives apart and does not have any interaction with each other day-to-day. This is so they can see what it’s like not to have the other around. It’s often true, surprisingly, that when couples try this “test divorce,” they discover they really don’t want a divorce at all. Suddenly, they’re willing to work to their differences much more amicably than they were in the past.
If a divorce is deemed to be “at-fault,” it’s usually that one of the spouses has done something that is a breach of the marital “contract.” Some of these things can include cruelty, abandonment, or infidelity. “Cruelty” can be defined as both physical cruelty and emotional or verbal cruelty. In some states, this type of divorce does not require a trial separation first.
If both spouses are guilty of some type of marital contract breech, then a principle known as “comparison rectitude” is implemented. This is designed to determine which of the two guilty parties is guiltier. This is often difficult to prove, since more than accusation is required. However, the outcome can significantly impact how property and assets are divided.
If you are currently facing divorce, make sure you know divorce law and specifically, the divorce laws for your state. It behooves you to know this, because even though your current situation is stressful, the one you’ll suddenly facing will be much more so if you don’t do your homework. If you do, you least know what to expect and will be prepared for what you face.
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