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What is Divorce?
Divorce is the legal dissolution of marriage. When people file for divorce and it is finalized, their marriages are legally terminated. The two types of divorce that exist are contested and uncontested. Contested divorces involve complex issues, high financial stakes and technical legal procedures. During a contested divorce, both parties will find it is difficult to agree upon important legal matters therefore necessitating experienced legal counsel.
An uncontested divorce occurs when the couple agrees on all issues required to effectively terminate their marriage, leaving nothing of consequence that is disputed or unresolved. During uncontested divorces, spouses are usually able to get through the legal process without much conflict. Most people would most likely prefer uncontested divorce because of its speed, simplicity, convenience, privacy, and inexpensiveness.
10 Legal Mistakes people make when getting divorced
To have an annulment means to have your marriage voided and cleared from your record.
Guardianship allows a person to obtain legal responsibility for another person, usually a child. Once bestowed, this responsibility of guardianship generally lasts until the child reaches adulthood.
Matters related to child custody can be hotly contested during a divorce. Child custody refers to the physical and legal guardianship of any children from a relationship.
Paternity acknowledges a man as the father of a child. It is often necessary to prove paternity in order to seek child support, dispute child support, or to seek visitation or custody rights.
Having adequate financial support for a child or children is a primary concern of any parent. Child support may be requested as part of a divorce agreement, and modifications to this support are also allowed under certain conditions.
To legally prohibit a person from either having contact with you or coming into a certain physical proximity of you, a restraining order is needed. Restraining orders may be sought when someone feels their personal welfare is or could be compromised by the other person.
Child Support Modification
Sometimes situations may change and a previous child support agreement are no longer adequate for the current circumstances. Child support modification is often available if a parent’s financial situation has changed, either for the better or for worse.
If you and your spouse are considering divorce but do not want to take that step just yet, separation may be a good option. Separation can also be helpful when spouses would like to reconcile but need some time apart first.
Conservatorship means that one person has the legal say for another person. This may be pursued for a number of reasons, such as to care for an elderly or disabled family member.
Spousal Support Modification
Alimony, or spousal support, is a payment made from one former spouse (considered independent) to the other (considered dependent). Spousal support can be modified if the financial situation of a spouse changes.
Division of Assets and Debt
When a couple decides to permanently separate through a divorce, their property and debt must be divided. The division of assets and debt will require a distinguishing between marital vs. non-marital property and debt.
When two parties agree on all important issues related to a divorce, they may be eligible for an uncontested divorce. An uncontested divorce greatly reduces the financial, emotional, time and cost of the divorce process.
Mediation is an attractive option for spouses desiring a peaceful and calm arena to work out the details of their divorce. Divorce mediation allows for flexibility and mutual agreement on important issues like child custody or property division.
Visitation and Custody
A non-custodial parent may pursue legal visitation rights to maintain meaningful relationships with his or her children. People often find agreement on visitation and custody issues to be tricky without skilled legal intervention.
Cohabiting adults who are committed to one another may be able to register for a domestic partnership. This partnership is not marriage, but it does carry many of the same legal rights and responsibilities as a marriage
Divorce can be a stressful process so let Albrecht & Albrecht Help.