Divorce Lawyer Overview

Family Law Attorneys Help Resolve Legal Issues When Dissolving a Marriage

When a couple decides to end their marriage, they must address a wide variety of legal issues before they can finalize the divorce process. Every state has its own divorce laws, so it is important for divorcing spouses to work with an attorney who can help them understand their rights, their obligations, the procedures that must be followed, and the steps that should be taken to achieve a favorable outcome.

Petitioning for Divorce

The divorce process begins when one spouse files a petition for divorce. A divorce petition will typically be filed in the county court where either party currently resides. Depending on the state, residency requirements may apply, and a couple may need to live in an area for a certain period of time before they can file.

A divorce petition may state the grounds for divorce, or the reason(s) why a spouse seeks to dissolve the marriage. Different states recognize different grounds for divorce, and most states allow "no-fault" divorce in which the only necessary grounds are irreconcilable differences. No-fault divorce is meant to help couples resolve divorce cases more quickly by focusing on the issues that will need to be addressed during their case rather than placing blame for the breakdown of the marriage on either party.

In states that allow fault-based divorce, a divorce petition may cite reasons such as adultery, abuse, or abandonment. In some cases, these issues may play a role in how certain divorce-related issues will be handled. However, a fault-based divorce is likely to involve more conflict, and to minimize disputes and help resolve issues more quickly and efficiently, a no-fault divorce will usually be encouraged.

After filing a petition for divorce, it will typically be served to the other spouse, who may be required to file a response within a certain period of time. Failing to do so may result in a default judgment in favor of the spouse who filed the petition.

Legal Issues During Divorce

In order to complete the divorce process, spouses will need to resolve all outstanding legal issues involved in dissolving their marriage. These issues may include:

• Property Division: Property owned by the spouses will be divided between them. A couple will need to distinguish between marital property that they purchased or acquired while they were married and separate or non-marital property that either party acquired before getting married or after a legal separation. Depending on the state, the laws may specify that property should be divided equally, or that it should be divided in a fair and equitable manner. Prenuptial or postnuptial agreements that spouses had created may determine how certain property will be divided.
• Spousal Support: Depending on the laws of the state, one spouse may be eligible to receive financial support (known in some states as alimony or spousal maintenance) from the other spouse. Spousal support may be appropriate if a spouse is a stay-at-home parent, does not work outside the home, or relies on the other spouse to provide most of the family's income. A spouse who requests spousal support will usually need to demonstrate that they need financial assistance, and state laws will determine how much support will be paid and how long the payments will last.
• Child Custody: Divorcing parents will need to determine how they will address legal and physical custody of their children. This will include deciding how they will share responsibility for making decisions, including whether one parent may have sole responsibility in certain areas. They will also need to make decisions about where children will live and when they will spend parenting time/visitation in each parent's home. In most cases, parents will be encouraged to create joint custody agreements that will allow both parents to play an important role in raising their children. However, sole custody may be granted in some cases, such as when a parent has a history of violent behavior.
• Child Support: Children have a right to receive financial support from their parents, ensuring that they will have the necessary food, shelter, and clothing. State laws detail the methods that will be used to calculate the amount of support parents will be required to pay. Parents may also need to address additional expenses, including children's medical care, child care/day care, and educational needs.

When addressing issues during divorce, an understanding of applicable state laws is essential. A skilled, experienced attorney can help explain how these laws will affect a divorce and how a person can protect their rights when dissolving their marriage.

Resolving Divorce Disputes

If spouses are able to agree on all outstanding issues in their divorce, this is known as an uncontested divorce, and they will be able to complete the process by filing their divorce paperwork in court. However, if they are unable to agree on some issues, they will need to settle these disputes before their divorce can be finalized. While issues can be resolved through litigation in court, methods of alternative dispute resolution are usually preferred, since they can help couples reach agreements more quickly and efficiently.

Options for dispute resolution during divorce include:

• Divorce Mediation: Spouses may work together with an impartial mediator to address and resolve their outstanding issues. This approach encourages cooperation, and it can help establish a co-parenting relationship for couples who share children.
• Collaborative Law: Spouses can work together with their respective attorneys to resolve legal issues, agreeing to be open and honest with each other as they negotiate a settlement. This option may be preferred if additional experts like financial professionals may be called in to help determine the best solutions for a family

Legal Representation During Divorce

During the divorce process, it is incredibly important to be represented by a knowledgeable attorney. A person should be sure to work with a divorce lawyer who can help them understand their rights and options as they work to finalize their case. In addition to keeping a person informed, an attorney can work to negotiate agreements or provide representation in court when necessary. This can help ensure that all legal matters will be handled correctly and that a person will be fully prepared to move forward after dissolving their marriage.