Divorce can be less painful if individuals know the correct steps and what to expect. The first step is to make sure a divorce is necessary, followed by deciding what type of divorce to pursue and speaking to a lawyer. Divorce can end quickly or drag on if it gets messy.
Getting divorced is never fun, but for people who know the correct steps and what to expect, it can at least be a lot less painful. The rules for divorce differ from country to country and state to state, but in general, there are a few things individuals want to do once they start considering a divorce and before starting legal proceedings, and some best practices to keep during divorce proceedings.
The first step, of course, is to make sure a divorce is necessary. A surprising number of divorces lead to reconciliation and remarriage within a year, and given the complications and costs of the divorce process, it is best avoided whenever possible. Many couples experiencing marital difficulties attempt some sort of marriage counseling, and perhaps a trial separation period, before pursuing divorce as an option. This is a good first step, although for legal reasons it should be borne in mind that during a probationary separation period, the couple is considered to still be married with regards to adulterous acts.
If the couple decides that divorcing is the best course of action, the next step is deciding what type of divorce to pursue. There are two main classes: no defects and defects. A no-fault divorce is essentially one in which one or both partners feel that there are irreconcilable differences that make continuing the marriage undesirable or an underlying incompatibility between the partners. In most areas, this type of divorce can be filed immediately with no waiting time; in some places, however, a court may require a trial separation period ranging from a few months to a few years before granting a no-fault divorce.
A fault divorce, by contrast, is a divorce in which one partner asks a judge to rule that the other partner is somehow at fault. Guilt could include physical or emotional abuse, inability to perform sexually, incarceration or adultery. Pursuing a fault divorce can have a number of benefits. In some areas, a no-fault divorce first requires a trial separation period, while a fault-based divorce can be granted immediately. In other areas, a person who divorces an offending partner may be able to receive more alimony or a larger portion of the offending partner’s assets. The flip side is that fault divorces are usually a little messier than no fault divorces and can involve the airing of “dirty laundry” in court by the defending partner.
Once someone has decided on the type of divorce to pursue, the next step is to speak to a lawyer. The person should tell the attorney what they are thinking, what type of divorce they would like to pursue, and any other information the attorney should know, including any marital infidelities the individual may have engaged in or other information that may be brought up and used in judicial proceedings. He or she should not take any action, such as filing for divorce, leaving the marital home, or having intercourse with a new partner, without first discussing the legal consequences of these actions with the lawyer. The attorney will help minimize clutter and protect his client from unnecessary legal risk.
If the divorce goes smoothly, it can end rather quickly, after a quick court date and signing of the paperwork. If it gets messy, it can drag on for some time, particularly if a partner is determined to make it last. People considering divorce should be confident that the system is there to help them, however, and that the marriage will eventually be dissolved.
Protect your devices with Threat Protection by NordVPN
