Divorce

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Divorce, simply put, is defined as the final termination of a marital union. However, many fathers can attest to the fact that there is nothing simple about it. The process of divorce is designed to resolve issues like spousal support, child custody, distribution of assets and the division of accumulated debt. These issues may be complicated to resolve based upon personal circumstances and, in some cases, take many months to finalize.

Specific divorce laws may vary from state to state, but as of 2010, all 50 states offer no-fault divorces, allowing couples to divorce without an allegation or proof of fault by either party. The no-fault divorce process provides the ability of each party to file without defiling the other party’s name with erroneous allegations in order to terminate the relationship. The legal system has realized that there is no reason for two adult individuals to stay in a legally binding relationship if they believe it is not in their best interest and this new no-fault system allows that relationship to be ended with both parties capable of walking out of the courtroom with their dignity still intact.

Types of Divorce

Uncontested – The parties agree both on the divorce itself and the terms of the divorce. The issues of custody, spousal support, and division of assets are undisputed by either party. These types of divorces often require no litigation on the part of an attorney and typically are the most affordable way to dissolve a marriage.

Contested - Unfortunately, it is rare that both parties agree on the terms of the divorce. Contested divorces tend to be more common when there are children and assets involved in the dissolution of the marriage. Contested divorces tend to be substantially more expensive based upon the fact that many individuals receive assistance or retain counsel in order to defend their rights.

 

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