5 Basic Divorce Concepts You Need To Know
To get the most out of every dollar you spend on a divorce lawyer, it's a good idea to learn a bit about the process. Not only will you spend less time paying to have key concepts explained, but you'll also be able to approach your situation in a more assured manner. Let's check out three of the biggest issues everyone should know before they sit down with a divorce attorney.
Fault vs. No-Fault
No-fault divorce is pretty close to being the law of the land in the U.S., with all 50 states maintaining some form of no-fault system. The idea is that one partner merely has to inform the court that they have irreconcilable differences with the other one. No effort needs to be spent proving anything, even if there was adultery, fraud, abuse or some other activity that was deeply disturbing. In 17 U.S. states, no-fault divorce is the only available option.
An at-fault divorce is one where one partner claims some specific wrong happened during the marriage. Courts are generally not wild about at-fault divorces, and you'll have to clear a pretty high bar to get one. The main motivations for pursuing at-fault divorces are to reduce or eliminate alimony payments and to tilt the division of property. Unless there is something highly valuable held as community property, it's usually best to exit the marriage the fastest way possible with no-fault divorce.
Community Property
Sometimes called marital assets, community property is everything a couple has accumulated over the course of a marriage. If the two of you bought a house or a car together, for example, that's community property. Items become community property regardless of whether they were only titled in one spouse's name.
Debts you both incurred will also have to be divided up. The proceeds of banking, investment, and retirement accounts will also be divided.
Support Payments
In the eyes of most states' legal systems, child support is considered a separate issue from the divorce itself. Unless the two parties enter into a separate agreement, support for kids will be determined using a formula.
Alimony, also knows as spousal support, is something that will be considered during a divorce. Each state has thresholds for how long a marriage had to be for a partner to be eligible for alimony. Similarly, alimony may also have legally defined cut-off periods where the paying ex-spouse is no longer obligated.
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