Hiring A Lawyer In Fault-Based And Non-Fault Based Divorces

Divorce proceedings can be just as financially exhausting as they are emotionally draining. Parties in the proceedings usually go through moments of stress and uncertainty. The situation is even worse if there are children involved. Both divorcing parties have to take into account their interests and those of the children. A divorce should be amicably finalized so that everyone can go their separate ways and continue living their lives. Divorce lawyers can help quite significantly in such regard. 

Identifying and Filing the Correct Grounds for Divorce

There are specified grounds or reasons for which one can petition the court to dissolve a marriage. A party has to satisfy at least one ground for divorce as provided for in their state laws. Divorce laws vary from jurisdiction to jurisdiction as you move across state borders. Therefore, a divorce lawyer will explain what grounds are envisaged in your state law for a successful petition to the court. An example entails a no-fault-based dissolution where both parties want to separate amicably; all state laws permit such separations. However, some states require that the parties divorcing on a no-fault basis live separately for a while to see if their differences are reconcilable. 

Understanding Provisions for the Division of Property

State laws are set to guide the division of marital property, whether the divorce is fault or non-fault-based. Sharing marital property can be one of the most challenging hurdles divorcing parties need to overcome. A divorce lawyer will first help you identify what property qualifies to be classified under matrimonial property and how it ought to be shared. Your divorce attorney will explain whether you are in a state that promotes equitable distribution or a community property state. A divorce lawyer will explain to you what impact that has on the division of your property. Moreover, understanding such provisions ensures that you do not engage in unnecessary litigations that will not increase your property share.

Ensuring Seamless Proceedings and Settlement

A divorce lawyer can also help parties settle if they decide to separate amicably and avoid litigation. Your lawyer will negotiate an agreement on the marital estate and put it in writing on your behalf. Then the divorce lawyer will then process any necessary documentation to make the divorce official. A negotiated divorce settlement is preferable as it avoids the cumbersome and overdrawn court process while also saving you money. Consult a divorce lawyer today to help you reach an amicable settlement that serves the interests of all parties.

414 Words

About Me

Your Family Deserves a Good Lawyer You love your family. You want your kids to have what is best, and you are willing to fight for them to the very end. Thankfully, there are professionals out there who are able to support you and do the same. They're called family lawyers. Although they typically handle a lot of divorce cases, you can call upon them for other family-related legal needs, too. They oversee adoptions, draft custody agreements, and so much more. We hope you will read the articles on this blog, which delve deeper into these topics. You'll emerge knowing more about hiring such an attorney.



Latest Posts

The Best Gift Tax Strategies for Effective Estate Planning
10 May 2024
Estate planning is crucial for securing assets and ensuring a smooth transfer of wealth to loved ones. One effective way to minimize estate taxes and

5 Signs You Need a Family Lawyer for Your Adoption
11 January 2024
Adopting a child is a wonderful way to expand your family and give a child a loving home. However, the process is not always straightforward, and ther

What Documentation Do You Need When Filing for Divorce?
20 November 2023
Going through a divorce can be an overwhelming process, emotionally, financially, and legally. One vital step of the divorce process is ensuring you h