What you Should Know Before Going to a Divorce Court with your Spouse

Divorce can often be quite simple, especially if you and your spouse don’t have any children and own little joint assets. But heading for a divorce court always entails a ton of regulations and paperwork—and frequently a lot of emotion and wrangling. You will need to understand these fundamentals to begin your divorce correctly.

1. Do You Need to be Separated Before Getting a Divorce?

You do not typically need to be apart from your spouse to file for divorce. But before a couple may petition for divorce, divorce court will grant their divorce in some states, they must have lived “separate and apart” for a certain amount of time. Typically, a year is the minimum separation period. However, it may vary depending on certain factors.

2. Ground for Going to a Divorce Court

Different states have different divorce laws. But one requirement applies to all states, which enables you to justify seeking a divorce in your divorce petition. The two grounds for divorce are under two categories, namely, no-fault and fault-based divorce.

i. No-fault Divorce

Neither spouse is required to allege or provide evidence that the other’s acts led to the breakdown of the marriage in a no-fault divorce. Instead, the party seeking a divorce only states that there is no hope of reconciliation and that the marriage has ended.

ii. Fault-Based Divorce

You must demonstrate that your partner’s actions led to the breakdown of your union if you choose to divorce based on fault. Adultery, severe cruelty (either physical or mental), and desertion are frequently grounds for a fault-based divorce. Most fault-based divorce needs a family attorney to get it done.

3. The Issues in a Divorce

You will need to deal with several concerns connected to ending your marriage as part of your divorce. You and your husband can bargain and come to an understanding on those matters either on your own or with the aid of divorce mediation. For example, how you are dividing property, equitable division, community property, and alimony.

4. Child Custody and Parenting time (visitation)

Judges in divorce court consider what is in the “best interests of the child” when considering custody and parenting time disputes. Most judges draft child custody orders to guarantee that both parents continue to play a significant role in their child’s life, provided that doing so is in the child’s best interests.

Understanding the basics of divorce before making a move will ease the process and help you to get the best result.