Divorce Issues|Lets talk about divorce
Feb
24
Filed Under (Divorce Issues) by Catherine
Jamie Wallis
Going through a divorce proceeding is usually an agonising experience for a couple, and even for the person who has filed it. This emotional pain is prolonged most of the times due to a lengthy Divorce process. Quickie divorces, as the name suggests, is a fast way of getting a divorce so that you can carry on with your life.
The Process Involved
There are two kinds of divorce proceedings: contested and uncontested. A contested divorce involves a lot of complications with the couple finding difficulty in reaching common terms. It might take years to settle these kinds of divorce proceedings. In the second type, the decision to divorce and the conditions surrounding it are not challenged by the spouse. Quickie divorces are possible only in the case of an uncontested divorce.
When a person files for divorce in the court of law, the court serves the petition to the spouse. When the divorce is uncontested, the judge takes a look at the grounds for divorce, financial arrangement between the couple and information pertaining to the child custody. If the judge is contented with all the legal papers and arrangements, he grants ‘the Decree Nisi’. After six weeks and one day of receiving this, the couple can apply for ‘The Decree Absolute’, which is the final stage of dissolution of the marriage.
Although in some cases, like the one of Gary Lineker mentioned above where a quickie divorce is granted within seconds, it normally would take at least two months for a quickie divorce to come through.
Facilitating a Quickie Divorce
Here are a few things that need to be remembered while trying for a quickie divorce. These will help you avoid common mistakes while applying for a divorce which would otherwise lengthen the process.
Proactive: The couple needs to be proactive and draw up a prenuptial agreement even before the marriage. These will help them reach an amicable solution at the earliest in the case of a divorce.
Grounds for Divorce: While stating the reason for a divorce, do not go into details and sound very offensive towards your spouse. This might pave the way for contested divorce and might cause delay.
Settlement: Reach a reasonable settlement and make it final. Any change in the same after the judge has reviewed them, would make the process time-consuming. The same applies to the case of child custody also.
Avoiding Mistakes: Get professional help while filling out the forms correctly. After you have submitted the papers in the court, if mistakes are found, you would be required to start all over again.
There have been cases where the court has provided quickie divorce to people suffering from fatal illness, so that they could marry the person whom they wish to, before their death.
Pros and Cons
Quickie divorce has both positives and negatives owing to which it is welcomed by some and criticised by others. Following is an analysis of the pros and cons of having a quickie divorce:
Pros
Here are some of the advantages of having a Quickie divorce:
It helps in providing a faster relief from the pain owing to divorce and helps the couple move on with their lives.
It saves a lot of time which otherwise could be a hindrance to your professional lives.
If not for quickie divorce, the uncertainty of the proceedings would also cause stress upon everyone including the children.
Cons
There are a lot of people who oppose the idea of a quickie divorce due to one or more of the following reasons:
Speeding up the process of divorce lessens the probability of reconciliation between the couple.
A couple might apply and get a divorce in a fit of rage. The reduced time and effort might make people opt for divorce instead of making efforts to work the differences out.
Quickie divorce can prove useful to a couple whose marriage has broken down irrevocably. Getting it done online would further simplify the process. However, making this decision while in a confusion can only make them regret their decision in the future. But, ultimately, it is up to the couple to choose wisely and live happily.
Julian
Going through a divorce proceeding is usually an agonising experience for a couple, and even for the person who has filed it. This emotional pain is prolonged most of the times due to a lengthy Divorce process. Quickie divorces, as the name suggests, is a fast way of getting a divorce so that you can carry on with your life.
The Process Involved
There are two kinds of divorce proceedings: contested and uncontested. A contested divorce involves a lot of complications with the couple finding difficulty in reaching common terms. It might take years to settle these kinds of divorce proceedings. In the second type, the decision to divorce and the conditions surrounding it are not challenged by the spouse. Quickie divorces are possible only in the case of an uncontested divorce.
When a person files for divorce in the court of law, the court serves the petition to the spouse. When the divorce is uncontested, the judge takes a look at the grounds for divorce, financial arrangement between the couple and information pertaining to the child custody. If the judge is contented with all the legal papers and arrangements, he grants ‘the Decree Nisi’. After six weeks and one day of receiving this, the couple can apply for ‘The Decree Absolute’, which is the final stage of dissolution of the marriage.
Although in some cases, like the one of Gary Lineker mentioned above where a quickie divorce is granted within seconds, it normally would take at least two months for a quickie divorce to come through.
Facilitating a Quickie Divorce
Here are a few things that need to be remembered while trying for a quickie divorce. These will help you avoid common mistakes while applying for a divorce which would otherwise lengthen the process.
Proactive: The couple needs to be proactive and draw up a prenuptial agreement even before the marriage. These will help them reach an amicable solution at the earliest in the case of a divorce.
Grounds for Divorce: While stating the reason for a divorce, do not go into details and sound very offensive towards your spouse. This might pave the way for contested divorce and might cause delay.
Settlement: Reach a reasonable settlement and make it final. Any change in the same after the judge has reviewed them, would make the process time-consuming. The same applies to the case of child custody also.
Avoiding Mistakes: Get professional help while filling out the forms correctly. After you have submitted the papers in the court, if mistakes are found, you would be required to start all over again.
There have been cases where the court has provided quickie divorce to people suffering from fatal illness, so that they could marry the person whom they wish to, before their death.
Pros and Cons
Quickie divorce has both positives and negatives owing to which it is welcomed by some and criticised by others. Following is an analysis of the pros and cons of having a quickie divorce:
Pros
Here are some of the advantages of having a Quickie divorce:
It helps in providing a faster relief from the pain owing to divorce and helps the couple move on with their lives.
It saves a lot of time which otherwise could be a hindrance to your professional lives.
If not for quickie divorce, the uncertainty of the proceedings would also cause stress upon everyone including the children.
Cons
There are a lot of people who oppose the idea of a quickie divorce due to one or more of the following reasons:
Speeding up the process of divorce lessens the probability of reconciliation between the couple.
A couple might apply and get a divorce in a fit of rage. The reduced time and effort might make people opt for divorce instead of making efforts to work the differences out.
Quickie divorce can prove useful to a couple whose marriage has broken down irrevocably. Getting it done online would further simplify the process. However, making this decision while in a confusion can only make them regret their decision in the future. But, ultimately, it is up to the couple to choose wisely and live happily.
Julian
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Feb
16
Filed Under (Divorce Issues) by Catherine
Christine OKelly
Divorce isn’t quite as easy as many people think. For many people, divorce is their first experience with courts and the legal system. For other people, negotiation efforts, including asset division, child custody, alimony, and other issues can be settled without the need for a trip to court. However, the laws on divorce differ by state, so it is best to consult an expert. For instance, if you are contemplating a divorce in the state of Illinois, obtaining legal representation by a qualified Chicago divorce attorney can ensure a smooth and fair divorce settlement. The following overview provides crucial information about the legal grounds for divorce, child custody issues, alimony, and the division of assets.
The Legal Grounds for Divorce
The Petition for the Dissolution of Marriage can contain one of two terms, “fault” or “no fault.” Every state has different laws about the classifications of these two terms. If a married couple has lived apart for more than two years, with irreconcilable differences destroying the marriage, the divorce is classified as “no fault.” Alternatively, a married couple breaking up due to adultery, impotence, more than two years or alcohol or drug abuse, or other negative reasons, is usually classified as a “fault” divorce.
Dividing Shared Assets
Assets, or property, jointly owned by both the husband and wife must be divided during the divorce process. Many circumstances determine whether an asset acquired before the divorce decree is eligible as a shared asset to be divided. For instance, the divorce law in Illinois lists several conditions that distinguish assets as either “marital” or “non-marital.” These conditions include agreed exclusions, inheritances, and income from “non-marital” assets. A divorce lawyer in Chicago can give legal guidance so that all property divisions are both legal and agreed upon.
Child Custody
One of the most difficult aspects of a divorce is negotiating and making child custody agreements. In most divorces, both spouses want more custody than the other wants to agree to. Judges usually consider many issues before making a child custody decision in court. While judges do listen to the wishes of the child, the physical, mental, and emotional growth of the child usually take priority. The ability and willingness of each parent to continue a healthy relationship with their child is a major consideration in custody hearings.
Alimony
Spousal support, or alimony, issues also differ by state. In the state of Illinois, the amount of spousal support is figured by several factors that include the earning ability and monetary needs of both spouses. A major issue for determining alimony is whether the years of a spouse’s devotion to staying home and taking care of both the home and family damaged that spouse’s ability to obtain a job making a satisfactory living wage in the future. A qualified Chicago divorce attorney is beneficial in establishing and presenting a spousal support claim.
Consulting A Chicago Divorce Attorney
Divorce is an involved and complicated procedure. Even divorces that start out friendly and straightforward can turn into emotional messes, especially in a marriage with children and child custody issues. Couples contemplating a divorce should always contact an experienced lawyer in the state where they live. If you reside in Illinois, consulting a Chicago divorce attorney is vital in protecting your custody rights, receiving a fair share of marital assets, and in making sure your future is safe in the case of need for permanent or temporary alimony.
People seeking divorce are often fooled into thinking their spouse will be fair and objective when it comes to custody, division of assets, and spousal support. Ultimately, emotions usually take over, making the process nerve-wracking. A divorce lawyer in Chicago can negotiate for you without letting emotions cloud the process, ensuring a fair and smooth divorce.
Regina
Divorce isn’t quite as easy as many people think. For many people, divorce is their first experience with courts and the legal system. For other people, negotiation efforts, including asset division, child custody, alimony, and other issues can be settled without the need for a trip to court. However, the laws on divorce differ by state, so it is best to consult an expert. For instance, if you are contemplating a divorce in the state of Illinois, obtaining legal representation by a qualified Chicago divorce attorney can ensure a smooth and fair divorce settlement. The following overview provides crucial information about the legal grounds for divorce, child custody issues, alimony, and the division of assets.
The Legal Grounds for Divorce
The Petition for the Dissolution of Marriage can contain one of two terms, “fault” or “no fault.” Every state has different laws about the classifications of these two terms. If a married couple has lived apart for more than two years, with irreconcilable differences destroying the marriage, the divorce is classified as “no fault.” Alternatively, a married couple breaking up due to adultery, impotence, more than two years or alcohol or drug abuse, or other negative reasons, is usually classified as a “fault” divorce.
Dividing Shared Assets
Assets, or property, jointly owned by both the husband and wife must be divided during the divorce process. Many circumstances determine whether an asset acquired before the divorce decree is eligible as a shared asset to be divided. For instance, the divorce law in Illinois lists several conditions that distinguish assets as either “marital” or “non-marital.” These conditions include agreed exclusions, inheritances, and income from “non-marital” assets. A divorce lawyer in Chicago can give legal guidance so that all property divisions are both legal and agreed upon.
Child Custody
One of the most difficult aspects of a divorce is negotiating and making child custody agreements. In most divorces, both spouses want more custody than the other wants to agree to. Judges usually consider many issues before making a child custody decision in court. While judges do listen to the wishes of the child, the physical, mental, and emotional growth of the child usually take priority. The ability and willingness of each parent to continue a healthy relationship with their child is a major consideration in custody hearings.
Alimony
Spousal support, or alimony, issues also differ by state. In the state of Illinois, the amount of spousal support is figured by several factors that include the earning ability and monetary needs of both spouses. A major issue for determining alimony is whether the years of a spouse’s devotion to staying home and taking care of both the home and family damaged that spouse’s ability to obtain a job making a satisfactory living wage in the future. A qualified Chicago divorce attorney is beneficial in establishing and presenting a spousal support claim.
Consulting A Chicago Divorce Attorney
Divorce is an involved and complicated procedure. Even divorces that start out friendly and straightforward can turn into emotional messes, especially in a marriage with children and child custody issues. Couples contemplating a divorce should always contact an experienced lawyer in the state where they live. If you reside in Illinois, consulting a Chicago divorce attorney is vital in protecting your custody rights, receiving a fair share of marital assets, and in making sure your future is safe in the case of need for permanent or temporary alimony.
People seeking divorce are often fooled into thinking their spouse will be fair and objective when it comes to custody, division of assets, and spousal support. Ultimately, emotions usually take over, making the process nerve-wracking. A divorce lawyer in Chicago can negotiate for you without letting emotions cloud the process, ensuring a fair and smooth divorce.
Regina
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Dec
25
Filed Under (Divorce Issues) by Catherine
Elijah James
Divorce is a painful and extremely difficult process. Knowing how divorce laws function and understanding the court’s role in a divorce can help to make this transition smoother and easier, however.
Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.
In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.
About 95 percent of divorces in the US are “uncontested,” because the two parties are able to work out an arrangement concerning property, debt, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the parties can’t work out their differences, divorce laws govern the fair and equitable disposition of these issues.
Divorce laws generally recognize two types of property during property division proceedings – marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.
In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.
Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.
Robert
Divorce is a painful and extremely difficult process. Knowing how divorce laws function and understanding the court’s role in a divorce can help to make this transition smoother and easier, however.
Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, divorce laws can vary from state to state or province to province within a nation. Knowing your jurisdiction’s divorce laws can keep a bad situation from becoming worse, and save you future turmoil.
In the United States, divorce laws, in general, provide two basic forms of divorce: fault based and no-fault based. However, even in some jurisdictions whose divorce laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support.
Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
In a no-fault divorce, the dissolution of a marriage does not require an allegation or proof of fault of either party. Forty-nine states have adopted no-fault divorce laws, with grounds for divorce including incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. New York is the sole exception divorce laws there still require a proof of fault.
About 95 percent of divorces in the US are “uncontested,” because the two parties are able to work out an arrangement concerning property, debt, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the parties can’t work out their differences, divorce laws govern the fair and equitable disposition of these issues.
Divorce laws generally recognize two types of property during property division proceedings – marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. Under divorce laws, separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable.
In cases involving children, divorce laws attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, divorce laws require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.
Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.
Robert
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Oct
10
Filed Under (Divorce Issues) by Catherine
Faye B. Roberts
There are two different categories for legal grounds for divorce: “Fault” and “No Fault”.
What is “No Fault” divorce?
“No Fault” divorce is when the spouse suing for divorce does not have to prove that his or her spouse did something wrong. Every state recognizes the legal grounds for divorce regardless of who is at fault.
To get a No Fault divorce, the suing spouse just simply states a reason recognized by that state. In most cases, it’s enough to say that the couple cannot get along, (these go by the names “incompatibility,” or “irreconcilable differences”).
In many instances however, the couple must live apart for a period of months or even years in order to get a No Fault divorce. One spouse cannot stop a No Fault divorce. Objecting to a spouse’s request for divorce is itself an irreconcilable difference that would justify the divorce. There is a 60 day waiting period before the court grants a divorce on the grounds of irreconcilable differences.
It is important to do some research for the state you live in since a No Fault divorce is the only option allowed by a number of states. The other states recognize both a No Fault divorce or a Fault divorce.
What is “Fault” divorce?
Fault divorce is a divorce granted on one of the following:
* cruelty (inflicting emotional or physical pain) – this is the most frequently used grounds for legal divorce
* adultery
* desertion for a specified period of time
* being confined in prison for a set number of years, and
* physically unable to engage in sexual intercourse, if it was not disclosed before marriage.
Some people choose a Fault divorce because they don’t want to wait out the period of separation required by their state’s law for a No Fault divorce. Also in some states, a spouse who proves the other spouse is at fault may receive a greater share of the marital property or more alimony.
Since the legal grounds for divorce vary from state to state, choose the grounds that applies to your situation and is legal in your state. Use the guidelines below to do your research.
1) Each state has different laws about divorce. Check the laws of your state yourself or talk to an attorney to define what the legal grounds for divorce are in your state.
2) Some states allow divorce based simply on irreconcilable differences. You don’t have to give any reason other than that.
3) Realize that in some states it is more (or less) difficult to obtain a divorce.
4) Abandonment by your spouse is legal grounds for divorce in some states. There is usually a time requirement before you can file for divorce.
5) You should give consideration on the way your spouse treats you. Many states allow divorce if there is cruel or inhuman treatment.
6) Legal separation is also grounds for a divorce. Many states have a requirement that you must be legally separated for a specified period of time before you can divorce using separation as a reason
7) Serious consideration should be given when using adultery as legal grounds for divorce. Adultery occurs when one spouse has sexual intercourse with someone else during the marriage. Most states require a lot of proof if using adultery as grounds. This can often be very unpleasant and confrontational.
The information provided is by no means a complete compendium of the legal grounds for divorce, rather a basic framework to begin your research. If both partners are in agreement a divorce can be a simple procedure. If not in agreement, it can become a time consuming, tedious, and expensive procedure. Knowing your rights can help alleviate some of this confusion and expense.
Jay
There are two different categories for legal grounds for divorce: “Fault” and “No Fault”.
What is “No Fault” divorce?
“No Fault” divorce is when the spouse suing for divorce does not have to prove that his or her spouse did something wrong. Every state recognizes the legal grounds for divorce regardless of who is at fault.
To get a No Fault divorce, the suing spouse just simply states a reason recognized by that state. In most cases, it’s enough to say that the couple cannot get along, (these go by the names “incompatibility,” or “irreconcilable differences”).
In many instances however, the couple must live apart for a period of months or even years in order to get a No Fault divorce. One spouse cannot stop a No Fault divorce. Objecting to a spouse’s request for divorce is itself an irreconcilable difference that would justify the divorce. There is a 60 day waiting period before the court grants a divorce on the grounds of irreconcilable differences.
It is important to do some research for the state you live in since a No Fault divorce is the only option allowed by a number of states. The other states recognize both a No Fault divorce or a Fault divorce.
What is “Fault” divorce?
Fault divorce is a divorce granted on one of the following:
* cruelty (inflicting emotional or physical pain) – this is the most frequently used grounds for legal divorce
* adultery
* desertion for a specified period of time
* being confined in prison for a set number of years, and
* physically unable to engage in sexual intercourse, if it was not disclosed before marriage.
Some people choose a Fault divorce because they don’t want to wait out the period of separation required by their state’s law for a No Fault divorce. Also in some states, a spouse who proves the other spouse is at fault may receive a greater share of the marital property or more alimony.
Since the legal grounds for divorce vary from state to state, choose the grounds that applies to your situation and is legal in your state. Use the guidelines below to do your research.
1) Each state has different laws about divorce. Check the laws of your state yourself or talk to an attorney to define what the legal grounds for divorce are in your state.
2) Some states allow divorce based simply on irreconcilable differences. You don’t have to give any reason other than that.
3) Realize that in some states it is more (or less) difficult to obtain a divorce.
4) Abandonment by your spouse is legal grounds for divorce in some states. There is usually a time requirement before you can file for divorce.
5) You should give consideration on the way your spouse treats you. Many states allow divorce if there is cruel or inhuman treatment.
6) Legal separation is also grounds for a divorce. Many states have a requirement that you must be legally separated for a specified period of time before you can divorce using separation as a reason
7) Serious consideration should be given when using adultery as legal grounds for divorce. Adultery occurs when one spouse has sexual intercourse with someone else during the marriage. Most states require a lot of proof if using adultery as grounds. This can often be very unpleasant and confrontational.
The information provided is by no means a complete compendium of the legal grounds for divorce, rather a basic framework to begin your research. If both partners are in agreement a divorce can be a simple procedure. If not in agreement, it can become a time consuming, tedious, and expensive procedure. Knowing your rights can help alleviate some of this confusion and expense.
Jay
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