The divorce process is a lengthy, complicated procedure with tons of legal facts that affect lives of each and every one of the family. Also, divorce myths often lead to misconducts that affect every one of the family afterward. A little understanding and knowledge of these facts can turn the divorce into a successful end of marriage instead of a war between the spouses. So, here are three essential facts of the divorce process that you may not know.
Getting a divorce is a complicated process that requires careful preparation and legal consultancy. It can cause a huge expense and damage to your life afterward if you be a silent observer of your divorce. Play an active role in the process instead of “letting the lawyer to deal with it”.
Firstly, be well-aware of the grounds of your divorce, termed as Facts at the court. As an example, these seven legally acceptable grounds for divorce, in New York, are described below.
“Irretrievable breakdown in relationship for a period at least six months (commonly
Known as “no-fault divorce”);
Cruel and inhuman treatment;
Living separate and apart under a separation judgment or decree;
Living separate and apart under a separation agreement.”
-Domestic Relations Law DRL §170 (1-7)
Three most important things during divorce preparation are Document, Document & Document! Before filing a divorce, obtain copies of all financial statements of income, loans, taxes, banking information, credit card & banking, insurances, etc. Also, copy records that you can use to identify your separate property and your spouse’s as well.
Don’t pay heed to everything people say about divorce. Talk with the attorney, do your research and study on what the state laws says about the divorce of your kind.
Divorce begins with a filing a divorce complaint/petition. One of the spouses, with the help of a lawyer, can file it, and another spouse will receive legal notification of divorce acknowledgment shortly. After that, the spouse who filed the petition & the other spouse will be known as Petitioner & Respondent respectively.
In U.S. legal facts of divorce are governed by laws that are state-specific. But, there’s a myth that one should file a divorce in the state where the couple got married. But theactual fact is almost opposite. Either of the spouses has to be a legal resident of the state where he/she is filing the divorce.
The respondent has 30 days to answer the divorce petition. A failure to respond within this period will lead to a Decree Nisi/ Silent agreement of the defendant to the divorce. The respondent also forfeits his/her right to contest on issues like property division or child custody.
The rate of the divorce varies state-wise. Besides, spouses and lawyer, both have things to do to minimize the divorce cost. From husband or wife’s side, the cost depends mainly on property complexity, child custody, and some other facts as well. Apart from these, here are some secrets to having a divorce at least cost-
During the divorce process, hope for the best but always prepare yourself for the worst. Consider every possible risk and causality and do proper planning against each of those. Have a clear concept of legal facts regarding property division, custodial and spousal support, etc. and ensure your divorce don’t affect your future generation negatively.