Understanding Divorce Law

If you are on the road to divorce, there is a good chance this will be your first experience with a major legal proceeding. Up till now, courtrooms and legal consultation was the stuff of Hollywood, and suddenly it is knocking on your back door. The best way to help you through this difficult—and sometimes scary—process is to learn as much about the laws involved as possible. The first few steps to insure you qualify for divorce often involve residency. A few states do not require any length of residency, while some states seek a minimum of six months before a petition can be filed. This is important because you must seek divorce in the state you consider home, and not simply the state in which you were married. Some states also call for a term of separation, in which you and your spouse live apart for a certain amount of time before a divorce can be filed. The idea behind this practice is that possibly, after some separation, one or both parties will have a change of heart and seek reconciliation. Certain issues will invariably need to be addressed during this process. These issues typically relate to how life will be lived after the proceedings. Division of marital property and debt is among one of the larger issues during this process, and often one of the trickiest to navigate. Complex laws, like state property and federal tax laws, will make determining who makes what a complicated issue in this process. Conditions of spousal support or alimony must also be resolved, as well as custody of any children. If you are an older individual who has been out of the work force for many years during your marriage, it will be difficult for you to find gainful employment following your divorce. Seeking adequate alimony is imperative to insure you are able to maintain a healthy standard of living until you can find successful employment. Resolving these issues cordially and early in the process will help greatly in a quick, smooth, and inexpensive divorce. However, if you are unable to resolve these factors, or if the divorce has complicating issues—such as a substantial gain in property during the marriage—then you are looking at a potentially long and very expensive divorce. At this point, it is often advised to seek the assistance of the courts. A divorce can be a difficult and emotional experience. To ensure no long lasting animosity between parties, it is advised to remain as civil as possible. A divorce lawyer can help you ease this process, and if the cost is what worries you most, ask yourself: how much are you willing to pay for peace of mind?