Divorce is a legal procedure of termination of a legal marriage or civil union. Divorce generally involves the reorganizing or cancelling of the duties and obligations of marriage, thereby dissolving the legally binding relationship between a married couple on the basis of law of that state or country. When a person or couple chooses to separate legally, they are also entitled to receive certain entitlements or privileges usually accorded to married couples. In some cases, divorce may be opted for by a couple when they cannot agree on terms relating to divorce such as the division of assets, property, and other financial matters.
There are several reasons why a couple may choose to file for divorce. Most commonly, when one of the spouses becomes incapacitated, and the court decides in favor of that party, it is an indication that another party may also become incapacitated. Examples of circumstances that might lead to a court filing for divorce include: the death of a spouse; an unreasonable attitude on the part of a spouse to fulfill his or her duties; or if a spouse is subjected to constant abuse. It must be remembered that even though there are various reasons why a couple may decide to file for divorce, the main consideration in this instance will be whether there is a legal reason for divorce.
The filing of divorce request is done through the court. The process however can take time depending on the gravity of the charges against one or both spouses, and the dependability of each spouse. There are two types of filing for divorce: at-filing and non-at-filing. At-filing involves only filling out the divorce petition and presenting the same to the court; whereas, non-at-filing involves putting together all the necessary documents and attending the proceedings of the court to file the divorce petition. The process of at-filing typically takes longer because the spouses must present their side of the story in the court and try to prove that the marriage is indeed irreparable. In this case, the divorce request should be accompanied by a financial affidavit from the wife stating that she cannot sustain the required living standards with her husband anymore.
Some states offer divorcing couples more choices than others. Whereas in some states, the court will ask the attorneys for detailed information about the marriage, such as the age of the spouses, the assets owned by each spouse, the total debts of each spouse, and the like, other states allow the divorcing parties to formulate their own individual grounds and use these grounds in the divorce proceeding. The divorce proceedings will then be governed by whatever grounds the divorcing spouses choose to pursue.
When you file for divorce, you may wish to obtain a temporary order that will last until the outcome of your divorce hearing. Temporary orders are typically sought when one spouse is fearful that he or she may face domestic violence from the other spouse. Another instance when a divorce might involve the taking of a child-custody program or child support is when a spouse is unemployed and cannot earn what is required of them by law. This is especially true if the supporting spouse has provided more than the necessaries of life and can no longer receive them due to unemployment.
Divorce is never an easy matter to go through. The stress involved in splitting up a marriage is compounded when one considers how the other spouse may refuse to accept the demands of a divorce, or even worse, may seek to misrepresent the facts in order to have the divorce granted. In these cases, it is often helpful to seek the aid of an experienced divorce attorney who is well-versed in the laws pertaining to your specific state, as well as local customs and practices, so that he or she can best represent you.