Divorce Legal Advice

In our society today, one in three first marriages end in divorce. Over half of the population is facing either divorce or separation. Divorce is not something you should face alone. Receiving the support from family and friends, or obtaining legal advice from a lawyer, can help a great deal. A divorce is a final dissolution of marriage. If you and your spouse have not been separated for one year, then a divorce is not an option yet. Either you or your partner is required to have resided in the state for one year prior to the divorce.

While going through a divorce, it is important that you are informed of every aspect regarding your rights. By seeking legal advice, you will be fully prepared for the court date. Many lawyers will recommend that you try some form of couple’s counseling, mediation, or therapy before proceeding with the divorce case. If the repair of the marriage does not work, or if you have other reasons to still proceed with the divorce, then the judge will require specific reasons as to why. The following are accepted as reasons:

• Adultery
• Desertion
• Unacceptable behavior
• Separation has occurred for one year or more

After proof has been given, you will be submitting a petition for divorce. The other spouse will be titled as the respondent. If your divorce case is very simple, then you may be able to complete all of the paperwork yourself. There are several websites on the internet that has quick divorce options. Also, your local court house may have a divorce pack that you can obtain to finish at home.

However, a complicated divorce that includes multiple properties, children, or if your ex-spouse is not making the situation easy, then seeking legal advice from a lawyer is recommended. Included in your petition will be your grounds for settlement. You will be able to ask for what you want as far as money or property. After your petition has been submitted, all actions are up to the other partner. If your spouse does not disagree with any of your details of the petition, then you may not be required to appear in court. The judge may decide that the divorce case is very cut and dry so no appearance will be needed.

However, many divorce cases are not so simple. Often enough, the respondent of the petition has wishes as well, or may disagree with what you are asking for. In this case, the battle could go for months between your lawyer and their lawyer until the petition is finally submitted. If the judge has decided to grant your divorce, you will be sent a form stating the date that the divorce will be granted. This is called the ‘Decree Nisi’. After the judge makes the divorce final it is called ‘Decree Absolute’. Even if your divorce case is simple, do not expect the Decree Absolute to take place immediately. After submitting your petition, it can take up to 6 months for the judge to make a decision.