Do Take Guidance Of Divorce Attorney For Dissolution Of Marriage
Divorce is the legal end of marriage and consequent separation of the couple. The estranged couple may decide to part ways rather than living in hell-like mutually incompatible environment. Depending upon a number of factors, the divorces can be of many types. The divorce attorney can explain and distinguish between the different types of divorces. Some of these are:
1. No-fault : In this, the parties do not hold each other to be at fault but would like to put an end to their marriage.
2. At-fault: In this, the court would require one of the parties to prove that the other party was at fault. Or, in other words, it would require the proof of the grounds of divorce. In the US, this is no longer the requirement of the state divorce laws except for the laws of the state of New York.
3. Summary or Simplified divorces: When the parties do not have a child, do not have any substantial property interest, have been married for shorter duration and meet some other conditions, the court may direct for a summary dissolution of marriage and divorce.
4. Uncontested Divorce: When the parties are able to come to mutual agreement on key factors and issues governing the divorce, then there is no need for contesting the divorce proceedings. These issues could be related to division of assets, custody of child, maintenance, etc.
5. Collaborative: In this, the parties are assisted by the divorce lawyers to come to a mutually acceptable divorce agreement. Once this starts, the associated divorce attorney for each party is not allowed to represent the same party in court.
Residency requirements for Divorce
In US, some of the states have adopted the Uniform Divorce and Marriage Act. Some have adopted the Uniform Divorce Recognition act which requires both the parties to be residing in the same state where it is filed. Similar requirements are there in other states as well which might require couple to have lived a specific length of time together in that state. The divorce attorney of any state will know the position of law in his as well as other states.
Annulment and Divorce
It is common for a person to use these terms interchangeably. But, any seasoned divorce attorney can tell the difference in their meaning and its consequences. Annulment is the dissolution of marriage assuming that it never happened in the first place. The grounds for the annulment of marriage are fraud and misrepresentation, concealment of material points, non-indulgence in sexual intercourse and misunderstanding. Annulment is common in cases of short marriages.
