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Getting A Divorce? Here Are The Top Things To Know

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Posted: 18th April 2023 by
Lawyer Monthly
Last updated 1st December 2023
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Getting a divorce is an emotionally difficult process, and it can be even more complicated if you don’t understand the legalities involved.

Even if you are confident in your decision to end the marriage, many things need to be considered before filing for divorce. So read on for four of the key points to consider when getting a divorce so that you can make sure all bases are covered and all decisions made with knowledge of what lies ahead.

Additionally, seeking the guidance of a qualified divorce lawyer is paramount to ensuring a smooth and informed process. A skilled attorney, specializing in family and divorce law, can provide invaluable expertise, helping you navigate the complexities of legal proceedings.

1. The Types of Divorce Available

No two divorces are the same, and there are several different ways to go about ending a marriage. The most common types of divorce include contested divorce, uncontested, collaborative divorce, mediation, and summary dissolution. Each type has its advantages and disadvantages - it’s important to understand what each entails so that you can decide which is best for your situation. An uncontested divorce is often the most straightforward and cost-effective option. This is mainly because it does not require a court hearing to settle matters.

2. Divorce Laws Vary By State

The laws governing divorce vary from state to state, so it’s important to familiarize yourself with your state’s regulations before you make any decisions or take action. In some states, for instance, there are residency requirements to file for a divorce - this means that one spouse must live in the same state as the other for at least six months before filing for divorce. Other states might have different rules regarding things like spousal support and property division. Knowing what laws apply where you live can help ensure that your rights are protected throughout the process of getting divorced.

3. You Will Need A Lawyer

In most cases, having a lawyer is beneficial when getting a divorce. An experienced attorney can help you understand the laws in your state, explain what to expect during the divorce proceedings, and help you negotiate with your spouse (if necessary). Even if your divorce will be uncontested, it’s important to have someone who can make sure that all paperwork is properly filed and submitted on time. And if you have children or complex financial arrangements, a lawyer may be essential to protect your interests.

4. Consider Mediation

Mediation is often the best way to work through issues that come up during a divorce. This process allows both spouses to discuss matters such as the division of assets and custody of children in an informal setting with the assistance of a mediator. The goal of mediation is to agree without needing to go through a lengthy court battle, and it can be especially beneficial for divorces that involve children. A professional mediator can help make sure both parties remain civil during the process and work toward a fair outcome.

These are just four of the top things you should keep in mind when getting a divorce. While it’s not always easy, understanding the legalities involved and knowing what options are available can help make the process smoother. With careful planning and the right support, you can navigate this difficult situation with confidence.

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