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Divorce

Divorce is a legal, judicial decree dissolving a marriage before the death of one of the spouses. Divorce completely releases both husband and wife from marriage obligations, rights, and responsibilities.

There are several kinds of divorce:

  • At Fault - when one person in the marriage is considered to have committed an act which is the basis for the other spouse to be granted the divorce. Faults typically include: incurable insanity, prison confinement, adultery, cruelty, abuse, physical incapacity, and desertion.

  • No Fault - the divorce doesn't require any one spouse to be guilty of anything. No Fault reasons given in divorce are: irredeemable breakdown of marriage, irreconcilable differences, and incompatibility. No Fault divorce can be jointly filed and is available in most states.

  • Uncontested - is when both parties agree on the division of property, custody, and support issues.

  • Summary - in a case where there are no children, little property or assets, no mortgage, and a short marriage, the courts may simply dissolve the marriage.

Other methods of dissolving a marriage are emerging through alternative dispute resolutions like mediation to resolve divorce settlement details. These require lawyers with mediation and negotiation skills and knowledge of the new systems. They are options which should be carefully considered since they will affect any future filings.

Divorce involves financial, physical, psychological, and emotional elements. When dealing with such charged situations, having a qualified family law attorney on your side helps you keep a clear head and protect your family and property.



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