Being in a marriage is a sweet thing, especially when you find the right partner with whom you can cohabit and even start a family. Nonetheless, divorces and relationship breakups have become common among couples of all ages, including those with no children. Going through a marriage breakup can be traumatizing, but it is also advisable to learn about all the other things there is to know about divorce filing. It may be unfortunate to part ways with your better half, especially if you have been together for quite a while. The information below will paint a clear picture of all you should know when filing for divorce.
Divorce may seem like a simple process that involves you parting ways with your spouse. Nonetheless, so much goes into that, majorly if you do not understand how to handle the situation amicably. In most cases, you will both be required to get lawyers to represent you and provide the necessary legal assistance to ensure you settle the case as peacefully and quickly as possible.
The need for a divorce advocate is critical when you disagree with your partner on different issues. Sadly, research shows disagreements and arguments among American couples can happen approximately 19 times every month. Additionally, about 20% of new marriages break within five years.
One of the issues that may make your marriage breakup challenging is getting a clear picture of where you and your soon-to-be-ex stand financially in terms of debts and assets. There should be an equitable distribution of the two, but you need to have precise financial records.
You should share some assets equitably according to the law. This may include residential properties, vehicles, and any financial accounts. Nonetheless, others, such as inheritances, assets bought before marriage, intellectual property, and retirement plans, should not be equitably split. Next, know what you owe and determine who will pay the debts, depending on who is more financially stable between you and your partner.
In most places, you cannot just wake up and head to court to file for divorce. You must have a substantial reason for wanting to break up with your spouse. The grounds for divorce that you present in court can fall under one of the two critical categories – fault-based and no-fault breakup. Fault-based divorce involves proving that there is something your partner did that makes you feel you want to walk away from your marriage.
Such actions that may be ranked among such a divorce include proof of infidelity, desertion, and physical and mental abuse. Research conducted on different Americans shows that approximately 58% would always prefer divorce over remaining in an abusive and unhappy relationship or marriage.
A no-fault breakup does not require any party to provide evidence of the other’s wrongdoing leading to their separation. Under this category, one of the critical requirements is one of you confirming that the marriage has ended and there is no reconciliation window. These are the instances you may hear being referred to as ‘irretrievable marriage breakdowns.’
Moving out as your divorce case proceeds may feel like the best option, considering you may not be on good terms with your spouse. However, such haste can have harsh consequences. Some of these may include losing out on the property’s interest and the negative impact it may have on your children’s mental health, especially if they are young.
Moving out while the case proceeds means your spouse will pay the property’s mortgage for the entire time you are away. The judge will consider that, and it will affect your property distribution.
The divorce process is not a sweet one in so many instances. Some couples have a smooth time separating, but others do not consider a marriage breakup a walk in the park. Therefore, you should also understand what is involved and some actions to take when filing for divorce. The points explained above will ensure you go through the proceedings as effectively and smoothly as possible.