Divorce or separation is a tough life event that can be greatly facilitated with the help of an experienced divorce lawyer.
Separation is the non-legal end of a marriage.
- The beginning of the separation indicates to the court the time of marital breakdown.
- Couples may opt for a trial separation. This may be for a set period of time or indefinite before the relationship is re-evaluated.
- Separated couples may live in the same or separate homes.
- Separation agreements may be drawn up specifying the division of property, child custody agreements, spousal support, etc.
Divorce is the legal end to a marriage granted by the court system upon proving marital breakdown.
- Marital breakdown may be proved in one of three ways:
- Separation: The couple must be separated for one year before a divorce will be granted.
- Adultery: The adultery must be proved either by acknowledgment by the adulteress party or proven by the other party.
- Mental or Physical Cruelty: Cruelty must be documented or proven otherwise.
- An uncontested divorce occurs when both parties have come to an agreement on all issues.
- A contested divorce occurs when parties cannot agree on all aspects of the divorce including support, custody and property issues. A contested divorce may be resolved through mediation or court proceedings.
Why Consult a Lawyer?
Although there are many websites and bookstore kits available to consumers looking for a cost-effective way to obtain a divorce, these may lead to mistakes and costly litigation in the future. It is important for both parties to have their lawyer who can pursue the divorce with objectivity and in the best interests of their clients.
What Your Lawyer Will Need
- Any separation agreements.
- Any prenuptial or post-nuptial agreements.
- Financial statements (income, property, debt, savings, assets, etc.)
- Proof of separation, adultery or cruelty.
Tips for a Smooth Divorce
- Keep the lines of communication open.
- Keep your priorities in mind, and focus on what is really important to you.
- Attempt to take personal feelings out of the negotiations and maintain a rational and open mind.