Considering a Divorce? Read This First
Can you think of anything quite as emotion-draining, anxiety-inducing or stress-enhancing as a divorce? Among the most displeasing, uncomfortable things in life we have to deal with as adults, the process of separating after marriage ranks up there with the worst…and for good reason. Add children into the mix, and you have a recipe for unimaginable angst, jealousy, rage and a whole plethora of other emotions.
But in some rare circumstances, this can be a relatively placid process, particularly if a couple doesn’t have children or many assets together; still, it will always involve a myriad of rules and paperwork – and, of course, much emotion and negotiation.
Whether you and your spouse agree on how to go about dividing your assets and sharing parenting responsibilities or are completely at odds with regard to all the issues involved in ending your marriage, consider these basics before heading into the attorney’s office.
Number One: Know the Requirements
Before you even start the divorce process, understand that every state requires couples to meet some basic requirements – check your state laws on filing to make sure that you’re eligible in the state you’re planning to file.
Into this foray come the following factors to take into consideration:
- Residency rules
- Knowing if you need to be separated first
Number Two: Understand the Grounds
Even though divorce laws vary from state to state, as we covered, there is one rule that’s standard in all states: in a petition (i.e. complaint), a reason (or grounds) must be stated for requesting a divorce. These grounds fall into two categories:
- No-Fault (neither spouse is required to claim or prove that the actions of the other caused the end of the marriage)
- Fault-Based (must be proven that a spouse caused the marriage to end, such as adultery, extreme physical or mental cruelty, and desertion)
Number Three: Analyze the Issues
As part of your divorce, you will be forced to address a number of issues related to ending your marriage. You and your spouse may negotiate and reach an agreement on those issues, either on your own or with the help of a mediator; what this means is, if you can’t agree on any issue, a judge will have to decide for you after holding a trial.
Some of the most common issues in a divorce include:
- Dividing property
- Equitable division
- Community property
- Marital vs. separate property
- Child custody/parenting time (visitation)
- Child support
If you are in the midst of legal separation in California, McKean Family Law can help. Whether it’s divorce, child custody, or any other family law matter, discover for yourself why we’re often called the divorce lawyer Roseville has been waiting for by calling (916) 666-7874.