Divorce advice to ensure all aspects of divorce are considered prior to separation. Divorce is defined as the legal termination of a marriage. Divorce can be one of the most heartbreaking and difficult times of any relationship. The strange fact about any separation is that it is usually accompanied by conflicting feelings of both remorse and relief! However, the affliction of separation is not solely limited to emotional trauma, as it is usually accompanied by a degree of financial anguish as well. In any divorce, the financial loss usually involves the division of assets, the extent of which is determined by the
experience of the divorce lawyer (also known as a family attorney) and the governing divorce law for which the couple are resident of. It is for this reason that an experienced divorce lawyer is vital to minimizing the financial losses.
Divorce advice for couples living in the US
Divorce advice given varies according to the jurisdictional law governing the residency of a couple. In the United States of America (US) the majority of the cases involving separation fall under the category of being Uncontested. This means that the couple can reach an agreement about the assets, the children custody and the support without the intervention of the court. If this agreement is presented and sanctioned by the court then the termination of marriage is almost guaranteed. However, if the couple are unable to reach an agreement then the court will pass judgement on their behalf. These Uncontested agreements are facilitated and managed by the collaborative attorneys and the independent financial specialists. However, should the couple fail to reach a satisfactory
agreement then any document or information exchanged during the collaborative process cannot then be used in the future legal proceedings, which also extends to the attorneys used.
The emotional afflictions of separation must also be managed to minimize any long-term psychological trauma. To do this it is important to consider attending marriage counseling sessions as it will not only assist with the process of reconciliation but it also helps couples to minimize the psychological damage caused by the trauma of separation, which often leads to problematic future relationships. Counseling must especially be considered for children caught up in parental custody disputes. Unless treated with care, separation can
lead to a permanent emotional and psychological trauma in children. Divorce custody disputes involving overdrawn and messy courtroom battles can be exceptionally damaging to the children involved, especially if the
family attorney is overly focused on winning the case at any cost. It is also important for the parents to appreciate that this trauma is not just limited to the courtroom battles, as the parental behavior leading up to the separation is also fundamental to the extent at which a child is traumatised by the experience.
Divorce advice - ground for divorce
The ground for divorce varies according to the jurisdiction. Generally there are two grounds for separation, Fault and No-Fault based. Separation based on No-Fault is the most common in the US and the UK. A No-Fault based system means that the couple do not have to prove that any one party is at fault before the legal termination of marriage is granted. In fact, the only state in the US that does not operate a No-Fault based system is New York. A Fault based system requires that proof of fault must be presented before a legal termination of marriage is granted. The grounds for separation in most countries are a combination of one or more of the following: Irreconcilable Differences, Adultery, Desertion, Separation with Consent, and Separation without Consent.
Divorce advice - Prenuptial agreement
Prenuptial agreements have become more common in the past few years, specially with in the US. This is a contract agreed upon by the couple in advance in case of a separation. The most common use of the Prenuptial Agreement is the protection of assets and spousal support in the event of separation. There are two types of Prenuptial Agreements, the Marriage Contract and the Cohabitation Agreement. The Marriage Prenuptial Contract is designed specifically for people who are getting married, where as the Cohabitation Prenuptial Agreement is used by couples cohabitation without being legally married. There is also a Postnuptial Agreement for couples who decide to enter into a contract after they have got married.
PLEASE NOTE that despite what people may believe, these types of agreements may not necessarily be legally binding and as such could potentially not be recognised by the family courts of law. It is advisable that an attorney specialising in the divorce law is consulted before entering in any such agreement.
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