Divorce is an ugly process filled with drama and heated-up emotions. Despite this, divorce rate continues to increase in number across the globe. A 2014 divorce data showed that America has a 53% divorce rate while Belgium has the highest rate at a staggering 70%.
Some individuals decide to push through with a divorce case after spending a long time in their relationships. One good example is the woman who sought to end her 39-year marriage in a Valentine’s day court appeal. If you are thinking of the same thing, here are some of the most common divorce legal issues you should be prepared to address.
Know the Divorce Types
The first step in any divorce case involves deciding what type of divorce case to pursue and how to go about it. We are in the 21st century and time has taken its toll on everything, including divorce types and the processes involved.
- Collaborative divorce
In this divorce, each party hires his own attorney to help draft the divorce terms and conditions. However, the application of this law is limited as not all states offer it.
- Mediated divorce
In this case, both spouses hire one attorney to assist and facilitate the divorce process. Not all states offer this law either.
- No-Fault divorce
A no-fault divorce does not put the blame on any party. It only cites the breakdown of the union. This is the most commonly pursued divorce type by couples with personal issues they wish not to disclose to the public.
- Summary divorce
This divorce type works best for couples that have been married for a short period of time and have limited properties, no spousal support, and children. This divorce type does not exist in MA and a few other states.
- Uncontested divorce
In this type of divorce, couples are able to decide the divorce terms without the interference or assistance of external forces. This is the most common divorce type and couples who file this case gets to decide what suits their needs.
Financial Concerns
This is one of those factors that tend to aggravate the divorce process. In some cases, it can even be the root cause of the problem.
During the process, it’s important for divorcing couples to legally settle and document their agreed financial terms and conditions. One good example is child support.
Failure to do this can lead to a contested divorce case and this can initiate an unending debate between parties. This goes particularly true with couples who aim to gain an upper hand.
In addition to prolonging the case, it can also cause money to be wasted on attorney fees and related divorce procedures. Although it’s natural for both parties to feel angry and act irrationally, they should still consider the big picture if they want to settle the case faster.
Custody Concerns
Child custody is the single most important issue divorcing parents must deal with. Failure to address the issue properly can put kids through hell and make them suffer heavily for their parents’ decisions.
Divorcing parents must come to an agreement about the important issues that can affect the welfare of their kids. This includes legal child custody, physical child custody, health insurance for the children, and their religious upbringing. They must also agree on their education, visitation rights, and other expenses that may arise in the future.
It’s advisable for divorcing parents to decide on such issues together. However, for parents who can’t get along, the court will review a number of factors that can determine which parent is the best fit for the kid. If a kid is 12-years or older, the court follows the child’s preference.