Saturday, February 5, 2011


People have many questions about divorce, what is it, how to proceed with a divorce, and so on. Then, I'll try to answer some of the most common questions people seem to have faced with divorce.

Divorce is a legal action between married persons to terminate their marriage relationship. It can be defined as the dissolution of the marriage and, basically, is the legal action that ends the marriage before the death of the spouses.

Reply:what is no-fault divorce?

No-fault divorce means that the Court did not have grounds for divorce. The person initiating the divorce process are used to try out some grounds for divorce as adultery or abuse. This required embarrassing questions and difficult than they had done the parties privately. No-fault laws this changed drastically. Now the laws in most States allows either party to obtain a divorce, if he or she stated in court that the marriage has irretrievably broken.

What is a legal separation?

A legal separation is very similar to a divorce. This is the same process of filing documents with the Court to start legal action and the judge must make those decisions on children, debts and assets, as in a divorce. However, at the end of the process, the parties are legally separated instead of being divorced. This means that they are still married, but is not responsible for the other.

What happens in a divorce?

The purpose of the divorce terminates the marriage of the parties. To do that the parties and the Court must decide how to handle the questions of custody and the placement of children and how to divide property and liabilities of the parties. State laws presume that each party is entitled to one half of the marital property and each party is responsible for a half of marital debt. Marital-property is not inherited by any party or given to one party by a third person and, if it has been kept separate will remain with the person after the divorce.

What is matrimonial property?

All properties of the Parties shall, unless otherwise indicated. Things like pensions, bank accounts and stocks and bonds are marital property, even if held in the name of one of the parties. Property brought to the marriage is still married although depending on the length of the marriage and the nature of the property, the Court may decide to award you back to the party that had before marriage. Courts try to be fair to both parties, and each party is responsible for a full disclosure to the Court and the other party of all assets and debts.

With regard to spousal support?

Depending on the length of the marriage, the age and health of the parties and each party's ability to earn an income and maintain the marital standard of living, the Court may order the support paid by one spouse to another. This is a different question from child support. Foods may be for a limited period or indefinitely depending on the circumstances. It can be reviewed if there is a significant change in the circumstances of either former spouse.

I need a lawyer for a divorce?

Individuals are always allowed to represent themselves in court action. If you do, will be named a "pro se litigant". However, if there are any serious issues involving children, property, debts or spousal support, it is better to have the assistance of a lawyer. The lawyer can represent only one of the parties.

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