Divorce In A Nutshell
The division of a household, personal assets, custody of children and a married couple is called a divorce. The process usually requires the authorization of a judge or some other legal permit based on different countries and their practices. {Annulment is another term that may be used when referring to the breakup of a marriage, however there is a difference.} An annulment is when a marriage is declared null and void by a person of law; as in, the marriage was never real to begin with or was never legal.
Although Dissolution of marriage is not allowed in some places of the world , but it can be allowed on the basis of the prevailing conditions. Rare is a divorce uncontested because issues of child custody and division of assets are usually at the core.
There are several additional legal processes that might follow, there could be an argument on who’s most appropriate to have the kid “if any,” and moreover who must pay for child support. With that also comes the issue of who gets to keep the car, house etc. Additionally, there could be a spousal support request, aka alimony.
Prior to the seventies in the majority of states, a couple was unable to obtain a marriage dissolution unless they had “grounds” and were required to give proof. The party seeking the divorce had to provide proof that the other party committed an act that broke a sacred vow; the most frequent cause was infidelity.
Since 1975 most states have adopted the “no-fault” policy, this is where a couple can get a dissolution of marriage, simply based on the fact that they do not want to be married to each other anymore. Often employed reasons in these instances are irreconcilable differences and not being compatible.
The most practiced type of divorce today is the uncontested one; this is where both parties involved are able to agree on the separation process and the division of assets, usually without the aid of a lawyer or any type of counsel. Counsels are sometimes utilized, but the aim is for each party to come to a reasonable agreement and be able to present it to the court. Here is an instance in which approval is usually a given. It is preferable that the parties should themselves agree on assets sharing and custody of the child/children, otherwise they may go to the court to decide for them.
Collaborative dissolution is also becoming popular and is very similar to uncontested, however the parties usually need attorneys in order to come to an agreement and there is usually a negotiating process, where each party’s attorney states why their client is the best person to keep whatever asset is in question, who is to keep the children among other things.
If divorce is a subject you’re interested in, you can read more about my practice as an top Austin Texas family law lawyer. You should also watch the online Austin divorce workshop at AustinDivorceHelp.com. Divorce doesn’t have to be a disaster. Learn how a collaborative divorce attorney in Austin TX can guide you through family law issues with dignity.
Tags: divorce, marriage, Separation