How to Get a Divorce
Posted on April 29th, 2009 by Marck
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Not all marriages are fairy tales with a happy ending. Some married couples may encounter problems along the way, and realize over time that they’re not compatible. If you’re contemplating divorce, here’s a guide to help you get one.
Consider and Reconsider
Divorce, like legal separation and annulment, is not an easy decision to make. Divorce is often a last resort for marriages that end up in:
- Incompatibility. Some couples may opt for divorce because they have very little in common to sustain a healthy married relationship.
- Unfaithfulness. Marriage is always a commitment. A couple may opt for divorce if the husband or wife realizes that the spouse has an affair outside of marriage that threatens the stability of married life and family life.
- Domestic abuse. Serious cases of emotional, physical, and economic abuse can be grounds for divorce.
Remember that divorce can have serious consequences on your life, particularly for yourself and your children. Try to patch up and iron out your differences with your spouse the best that you can. If the problem cannot be resolved through talks or therapy sessions, then you may need to consider divorce.
Divorce Laws
Divorce laws vary depending on jurisdiction, and you often need the aid of a divorce lawyer or a marriage therapist to know the technicalities, legal issues, and legal concerns regarding divorce where you live. There are two ways to be represented in divorce court:
- Pro se is a form of legal representation where the respondent appears in court without a lawyer. Divorce can be quite expensive, and many people choose pro se because it saves them legal fees and professional fees to represent themselves during the court proceedings. If you do choose to go pro se, you need to consult lawyers and legal clinics to know how to go about legal proceedings, and what are your rights and claims as the respondent to a divorce claim.
- Divorce lawyers are your best option if you want to have the best possible resolution to divorce. Divorce lawyers possess the right knowledge and skills needed to get what’s best for you and your family. You do need to pay legal fees and consultation fees, although the court may opt to charge the fees to your spouse if it is outlined in the agreement or summons. With all the technicalities of a divorce proceeding, it’s best to hire the services of a divorce lawyer.
Separation Agreements
Divorce is a process that requires many documents for purposes of evidence. To secure a divorce, you need to prepare prenuptial agreements, marriage contracts, and other documents that can work best for your claim. You can start with a separation agreement, which is an agreement that outlines payments, support, alimony, custody, and division of property following a divorce ruling.
Always remember that separation agreements are the first line of defense when you’re filing for divorce; a separation agreement is a document that proves that your relationship with your spouse is that you’re living separately and apart from each other. With a separation agreement, the process of the trial becomes easier and much less stressful for you, your spouse, and your children.
Hearing
The good news is that most divorces don’t have to go into trial, and most divorce cases are usually settled out-of-court. If you do need to go to court for a hearing on your case, make sure that you have the appropriate evidence to secure payments, custody, support payments, or whatever you have filed on your claim. Make sure to make the best possible case during the hearing, with the help of your lawyer.
Divorce may not seem to be the best option for any marriage, but some married couples may have no other option but to separate. With these tips, you can reduce the amount of financial and emotional hardship that there is in a divorce proceeding.
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