If you are thinking of filing for divorce, there are some key aspects that you may want to know before moving on. Every state has specific regulations and procedural rules detailing how one should proceed with a divorce case. You might want to know some of the underlying issues in your divorce that may hamper a quick separation. Some of the rules you may need a lawyer to help you understand include the child custody, property division, alimony and visitation. There are some basic facts that divorce attorneys will help divorcing spouses to know before filing for divorce:
Residency: Although every state has its own regulations, it is common practice in law that a spouse filing or the other party in the case must have been living in the state six months prior to filing for separation. The divorce or separation proceedings will begin once the petition has been filed in the court where one of them resides. The law, for example in Florida, provides that no judgment or orders for dissolution of the marriage can be rendered until at least three weeks after filing of the petition. However, there are circumstances that may alter the administration of this procedural rule. For example, where the spouse filing the petition proves abuse by the other spouse, the court may have to exercise their wisdom and render itself on the matter before 20 days.
Below are some of the legal grounds for filing divorce:
When the marriage is irreversibly broken: A spouse may file for a divorce if he or she strongly believes that all alternative avenues have failed to recover the marriage.
Mental incapacity: A spouse may also file a divorce because of mental incapacitation of the other spouse. However, the spouse must prove that the mental condition has existed for at least 3 years.
Property Division: Rules guiding the division of property vary from state to state. While some states are considered equitable states (property is shared equitably), others prefer a case-to-case determination of the proportion of the property to be shared between the spouses. In equitable division, the judges are guided by the premise that property must be shared equally between the spouses unless either party justifies with reasons why certain considerations should be factored in. Here are some of the aspects that may be considered:
• The duration of the marriage
• Each spouse’s income
• The contribution of each spouse toward the property in question
By hiring a highly qualified divorce attorney or attorney at law, you can be sure to obtain the best outcome from your petition.