What is divorce?

What is divorce?

Divorce, also known as “dissolution of marriage,” occurs when a marriage is legally terminated. Divorce law governs the sometimes complicated process of divorce, helping to determine how property and assets are divided as well as who will have custody of any children the couple may have. Couples going through a divorce may want to consider hiring a qualified divorce lawyer to help determine the most equitable decisions.
What are the alternatives to divorce?

The two most common alternatives to divorce are annulment and separation. Rather than ending a marriage, an annulment treats the marriage as though it never existed in the first place. Some couples choose annulment for religious reasons or because they do not want to be divorced. Annulments are most common among couples that have not been married very long. This is because annulments are primarily concerned with absolving marriages built on deception or misrepresentation. For example, if one spouse lies about his or her age or fails to disclose a known inability to have children, an annulment may be granted.

Separation occurs when a couple chooses to live apart without getting divorced. There are several types of separation:

* Trial separation – when a couple is unsure as to whether or not they want to permanently separate, they may choose to undergo a trial separation. During this time, they live apart, but their assets and debts are still considered mutual.
* Permanent separation – in a permanent separation, the couple has already made a decision not to get back together. They are actively choosing to live apart. Therefore, any material gains and losses are the individual’s rather than the couple’s responsibility.
* Legal separation – when a couple decides to separate permanently, they may choose to become legally separated. This means that a court decides how property and possession are divided and makes decisions about child custody, child support, and alimony.

Couples who are unsure whether they should seek an annulment, separation, or divorce may want to consider consulting an experienced divorce attorney.
What are the different types of divorce?

There are two types of divorce: fault and no fault. In the past, the spouse filing for divorce had to show evidence of wrongdoing on the part of his or her partner. Today most states no longer require it. There may still be divorce cases, however, when showing that one partner is at fault may be worthwhile. The following is a description of each type of divorce.

Fault Divorce
In some cases, one partner can be shown to be at fault in a divorce. This is most common when abuse is an issue. One spouse may also be found at fault if it can be shown that he or she is guilty of adultery or abandonment. In addition, a fault divorce may be given if one partner is unable to engage in sexual intercourse or if he or she is in prison. In some cases, the divorcing spouse may want to file a fault divorce, because he or she may be awarded a greater share of the couple’s assets. Fault divorces also tend to be processed more quickly as there is no separation period like the one required for a no fault divorce.

No-Fault Divorce
A no-fault divorce is much less complicated than a fault divorce. In a no fault divorce there is no need for evidence or proof of wrongdoing. Instead, any legally recognized reason for divorce is acceptable. Generally, “irreconcilable differences,” or the mere inability to get along, is considered a valid reason for no fault divorce. This means that the other spouse cannot prevent his or her partner from filing for divorce. By challenging the decision, he or she only lends merit to the fact that the couple does not see eye to eye.