WHAT IS DIVORCE?
“Divorce or dissolution of marriage” is a legal process in which a judge or authority dissolves the bond of marriage between two persons. It is a state in which a judge brings back both the persons into existence and allow them to be in a relationship with some other person if they want, or one can marry some other person he/she like.
In this article we are discussing about divorce that what is divorce. As young people relationships starts with great joy and ends in a kind of devastation. Divorces are increasing day by day in US. Divorce rates have been increased to 40%. However, about 40 to 50% married couples divorced in US. It is a process which is created in between two persons. So both the persons will face the consequences occurs after their divorce equally. It’s a legal process in which only a judge and authority has the right to make a decision which is good for both. After divorce both of them has the right to choose their partners by their choice, whosoever they can marry, it is their decision. The process also includes spousal support, child custody, child support, distribution of property and division of debt.
CAUSES OF DIVORCE–
- EXTRA-MARITAL AFFAIR– Extra-marital affair is one of the most common causes of divorce. An extra-marital affair can turn a marriage into divorce.
- MONEY– Everything from different spending habits and financial goals to one spouse making considerably more money than the other, causing a power struggle take a marriage to the breaking point.
- LACK OF COMMUNICATION– No one can ignore the fact that a good communication between two people is the foundation of any relationship. So a good communication is must in a marriage too, if one can’t express his/her genuine feelings for your spouse, it can be the cause of divorce between them.
- ABUSE– Physical or emotional abuse is a sad reality for some couples. It is not necessary all the time that a person is bad, sometimes arguing continuously and a bad communication quickly leads to resentment and frustration for both which converts into divorce.
PROCEDURE OF DIVORCE IN USA–
SERVING THE DIVORCE PETITION–
Divorce in America is governed by the laws of the individual state in which it occurs. It’s a legal process. A divorce starts with a divorce petition. The petition is written by one spouse and served on the other spouse. It doesn’t matter where the marriage occurred. The petition is filed in a state court in a country where one of the spouses resides. The petition which is going to be filed includes the important information regarding the marriage like husband’s name, wife’s name, and if there is any children of them, and states if there is any spousal support, child custody, child support, distribution of property and division of debt.
DIVORCE PETITION RESPONSE–
The other spouse is called as respondent. It is not necessary that both the persons are agree for the divorce, and the respondent has to response whether he/she is agree or not. Filing a response shows that both the parties are agree for the divorce. After that the court will start the case.
FINAL STEPS OF THE DIVORCE–
Both the parties are required to disclose information regarding their assets, liabilities, income and expenses. If the case is uncontested and the spouses can agree on the terms of divorce, there is only a bit of paperwork to file. Once the court enters the judgement, the divorce is final.
WHO IS A DIVORCE LAWYER?
A person who practises or who has the knowledge of law and who works as a lawyer. He is also known as an advocate, attorney, attorney at law, barrister, barrister-at-law, bar-at-law, counsel, counselor etc. He handles the legal matters in the court.
BEST DIVORCE LAYWERS IN UNITED STATES
- top 5 divorce lawyers in USA
- Sorrell Trope
- Daniel Jaffe
- Fiona Shackleton
- Donald Schiller
- Sandra Devis
TIPS TO HIRE A LAWYER-
Going through a divorce? You may consider hiring a lawyer to advice you or represent your interests. So we’ll discuss and give you some tips on how you can hire a lawyer.
- First of all when you are going to hire a lawyer, try to talk with more than one lawyer before you choose the one to represent you. Describe them a brief and clear summary of your problem. Then, ask various lawyers about their experiences, their fees, your chances of success, why you should hire them as your lawyer etc.
- After you decide to hire a lawyer, be sure you understand what you have both agreed to. You should be comfortable with your lawyer’s approach to your case. Discuss everything every situation and your problem with your lawyer and get the agreement with him in written.
- Discuss his fees before you begin working with him, and whether you will be responsible for other fees and charges.
- Remember it is not necessary that the most expensive lawyer is the best lawyer for you. Look for the best balance of the experience and cost.
- Your lawyer will ask you for the documents that relate to your case. Keep copies of your documents if you are giving him the original ones.
- In a class action, a court decides that a group of people may have been harmed in a similar way. You may receive notices from the court regarding all the procedure. Read the notice carefully. If you take no action, you automatically become a part of that class or you can say that you become a member of the class by default, in that case you are bound to it, you can’t bring your own case, you will not have the direct control of the lawsuit. You have to make a proper decision about if you want to become a member of the class or not. If you are ready to take the responsibilities or not.
- The most but not the least thing is that if you are not satisfied by the services given by your lawyer, you may fire him at any time, you just have to take permission from the judge. Just hire the new one, you may cost more and your case may be delayed but that is ok if you want good results. And if you are unsuccessful in trying to resolve the matter directly, consider filing a complaint.
PROS AND CONS OF DIVORCE
It is not always easy to decide whether it is the time to divorce or not because most of the times you are confused to think that you are able to solve your problem with your partner personally or you have to deal with it legally in the court. So here we are discussing about the pros and cons of divorce:-
PROS OF DIVORCE
First of all we will see the pros of divorce-
- If you are living in a violent situation or environment and if you ever think about divorcing your partner then there is no better reason than domestic abuse.
- If your partner is cheating you again and again so, this is the time to move on, you deserve better than this, divorce is a good option in this condition.
- If your partner is bounding you always in something which is not in favour of your freedom and trying to control you then, find your space and peace of mind.
- If your thoughts are not matching and there is no understanding between you both. You have different expectations from your marriage and the other one has different. And you think you can’t live with each other so you can decide that you want divorce or not.
CONS OF DIVORCE
- As there are many pros of divorce, just like that there are many cons of divorce too. Divorce will have a negative impact on your children. Divorce is as hard as for parents as it is for the children.
- Your finance will suffer during and after divorce. If you are a father, you will pay for child support and spousal support too. If you are a woman your income will decrease leaving you to struggle.
- Divorce can cause emotional pain for may be years, if you have developed an emotional attachment to your spouse during your married life. It takes time to heal that pain. Divorce not only changes your relationship with your spouse, it changes the relationships with friends and family of both the persons.
NEED A DIVORCE LAWYER
It may be more sensible to use a lawyer, if your divorce involves significant financial or other kind of issues related to you. The costs of making mistake could be much greater than any legal fees you pay. So it is particularly important to get advice if-
- you have given up work to look after the children, that means one of you is financially dependent on the other.
- you think your partner is hiding information about the true financial positon.
- you are a victim of domestic voilence or abuse, or you think your child is at risk.
- you know your spouse is going to be difficult, you find it difficult to negotiate with your spouse or you feel under pressure to agree with what your spouse wants.
- you can not agree where the children will live and what contact rights the other parent will have etc.