If you’re happily married, good for you. However, divorce is increasingly common in this country, and it’s something you might have to one day face. Of course, it’s something that usually happens bit by bit, over time and not all at once, but it’s still a hard situation to face if you’re there. If you do happen to be (unfortunately) in the market for divorce, there are a few things you need to know about divorce law, in order to get the best outcome for you. If you don’t do this, it’s likely that you are only relying on advice from friends and family, and this may not be accurate. In fact, it can leave you worse off than you are now if you follow this advice and it’s wrong.

First of all, be aware that divorce law varies from state to state. The same couple divorcing in one state may be mandated with vast differences in the separation of assets than what would be granted in a different state. Also be aware that in most cases, you need to file for divorce in the state in which you reside, so you cannot go to another state just because they have divorce law that favors you more.

Next, you need to know what to expect. It is becoming more and more common to have a no-fault divorce, sometimes also referred to as an uncontested divorce. In this type of situation, both spouses agree that a divorce is best for them and there is typically little or no difference of opinion as far as the split of assets that are jointly owned. If there are no kids involved, this is usually the easiest way to do it. In fact with this method, the use of a divorce lawyer may not be necessary, or if it is, their services will be very minimal.

Some states require that you separate for a trial period before you are granted your divorce. This is also sometimes known as “test” divorce. With a separation, the divorcing couple lives apart from each other and does not have any interaction with each other day today. This lets the couple know what it’s like not to have his/her spouse around. In many cases, people actually discover that they don’t want a divorce during this period, and they’re suddenly more willing to work through differences than they were in the past.

If a divorce is something called “at-fault,” one of the spouses has usually done something that is considered a “breach” of the marital agreement, such as infidelity, cruelty, or abandonment. “Cruelty” can be construed as either physical abuse, or can be emotional or verbal abuse as well. Depending on your state of residence, this type of divorce might not require that you have a separation.

If both spouses are guilty of a marital contract breech, something called “comparison rectitude” is suddenly brought into play. This is designed to determine which of the two parties, both guilty, are the guiltiest. This is often difficult to prove, because not just word-of-mouth is required for proof. However, the outcome can significantly impact division of property and assets.

If you are facing divorce as a possibility, make sure that you know divorce law in general and in your state. Even if your situation is difficult at present, going through a divorce in the wrong way could put you in an even worse situation. If you know the law and what you can expect, you’ll be much more prepared for what is to come.

This entry was posted on Tuesday, February 19th, 2008 at 10:32 pm and is filed under Marriage. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.