We know divorce is a terrible thing to go through, but without a lawyer to help you navigate the complicated and challenging legal regulations, it will be that much harder for you. You need professional lawyers that have your best interest in mind.
Brunelle Conklin can help you navigate the legal issues of divorce and will always fight for the best outcome you can receive.
Many States have a “no fault” divorce option that means one party doesn’t have to prove that the other party did something wrong in the marriage. Divorce is legal regardless of consent of both parties.
Where to File for Divorce
County or state government is usually the default option of where to file for divorce. Military personnel may be able to file where they are stationed. Laws are in place that protect service members from civil lawsuits.
Alternatives to Divorce
Legal Separation is an option that enables people to make legal choices about property, and child custody and support without legally ending the marriage. This is commonly used for health care and religious reasons. Annulments are also commonly used for religious reasons and will void the marriage. This simply states that the marriage was never valid. Annulments are also used when one or both parties were too young to marry, coerced/forced to marry, or already married.
You will need to determine how the divorce will be categorized: “fault,” “no fault,” or, if there are no children involved, “summary”. If you have children then custody and child support paperwork will need to be completed. You should seek legal consultation before filling out papers. A lawyer can help you fill these out and this is in your best interest in order to preserve your property.
Division of Property
If a state has community property laws, then this will affect property division. Community property laws state that both spouses own all property gained after the marriage. This property will need to be split 50/50 in most cases, unless an both parties come to an agreement on who gets what property. The court must approve of this agreement.
If both parties can come to an agreement through mediation then long and often times stressful court proceedings can be avoided. Some states require mediation before the case goes before a court.
Once papers are filed your spouse must be served these papers. Options for this include:
- Serving the papers personally
- Hiring a process server
- In cases of domestic abuse police may serve the papers
Alimony and support are meant to decrease the negative economic impact divorces can cause. The amount of alimony depends on several factors such as:
- Property ownership
- Earnings capacity
- Length of marriage
- Other factors
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