Hege
Crowton
Separation in a marriage. It’s not an easy
situation and, in fact, can be one of the most traumatic experiences
in a person’s life, short of the death of a loved one. While
there are manifold reasons that people choose to divorce every
day, there is more than one type of divorce. In this article we’ll
discuss the need for a divorce lawyer and how she can aid you
in understanding your options during your trying time.
First, divorce is like war, in that it should
only be the very last action employed, when all talks and all
other actions have been taken to ameliorate the situation. This
should definitely include seeing a marriage counselor for a substantial
amount of time. Very often by having a third-party mediator, emotions
can be stilled, allowing for logic and fresh insight to come out,
and so calming the troubled waters that oft befall married people.
However, as counselors are not miracle workers,
sometimes insufferable differences make it necessary to seek a
divorce lawyer. There are numerous reasons for seeking the services
of a divorce lawyer, the two most important being dispute over
ownership of property and custody of children. We’ll touch
lightly upon these two issues in a moment.
First, it should be known that there are two different
categories that your divorce lawyer will present you with, each
representing a different type of split-up. As every divorce situation
is different, the need for these two classifications was created.
They are called “no-fault divorce” and “fault
divorce.”
In the former, no proof of wrong doing is necessary.
The spouse seeking legal separation usually does not even need
to give a reason, or if so, simply may state “incompatibility,”
“don’t get along,” or something along these
lines. It should be noted however, that in some states a period
of living apart must first be exercised. This can be a few months
to a year, depending on the state. Your divorce lawyer will know
the details of this.
In the second form of divorce, “fault divorce,”
one of the spouses must state a more extreme reason for the split,
including physical or emotional abuse, inability of sexual performance
not known at the time of marriage, infidelity, incarceration in
a penitentiary, or desertion.
The reason for the two types of divorces is two-fold.
First, the “no-fault” takes much more time, well over
a year in some cases, whereas the “fault” divorce
is more expedient. As well, as your divorce lawyer will detail
for you, in a “fault” divorce, if someone is seeking
custody of their children or more property in the settlement,
such a divorce will bolster their legal argument.
There are numerous books claiming that you can
file your own divorce, which is true. This person should have
the answers to your questions. However, if you are desirous of
a “fault”-type legal separation, find a divorce lawyer.
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