In some instances, getting a divorce can be a very straight-forward decision. For instance, if both partners agree on the decision, or if there is a pressing need to do so (such as abuse), filing for divorce may not be a contested issue. However, in many cases, filing for divorce can be a difficult decision that requires much forethought and consideration.
If you are considering getting a divorce, you may wish to consider the various options available to you. For instance, it may be possible to obtain a legal separation before filing for actual divorce. This may allow some time to determine other issues such as child custody or property issues.
Also, when considering getting a divorce, it’s also important to consider other legal issues, as these can be affected by a divorce proceeding.
What Are Some Legal Issues to Consider When Getting a Divorce?
As mentioned, divorce often involves many other legal issues. Some of the more common legal issues that are involved in a divorce proceeding may involve:
- Child custody and visitation
- Distribution of property between the parties
- Filing requirements (there may be various deadlines and court fees associated with the divorce proceeding)
- Immigration concerns (especially for marriage-based immigration statuses)
- Employment concerns (especially for spousal employment benefits)
- Various tax and estate concerns- divorce can change the characterization of debt and assets in the total estate
Again, one aspect to consider when getting a divorce is that each state may have very, very different laws governing the divorce process. This is especially true for the laws regarding property distribution in a divorce or even during legal separation.
For instance, some states may enforce community property laws, while other states might not follow community property rules. This can change the entire way that property and assets are distributed to the parties during the divorce proceeding.
Are There Any Alternatives to Getting a Divorce?
There can be different alternatives to divorce, such as annulment, dissolution, and legal separation. The different divorce alternatives can be linked to different legal effects, so one should be careful as to which option they choose when getting a divorce.
Lastly, some jurisdictions offer an option called “family meditation”, wherein the parties attempt to resolve their differences through negotiation and mediation rather than through a formal court proceeding. In any option related to divorce, the assistance of a lawyer is generally needed, because each of these alternatives can also be challenging in their own way.
Do I Need a Lawyer for Help in Getting a Divorce?
Getting a divorce is a major decision to make, and it can be a challenging process, legally speaking. It’s in your best interests to hire an experienced lawyer if you’re considering getting a divorce. A qualified divorce attorney can help you file your claim, and can explain to you your legal rights according to the laws in your area. Also, your lawyer can guide you through the court system as the process gets underway.