After a certain time of married life and conflicts – you and your husband/wife finally agrees to a particular solution to prevent further issues. A divorce is dissolution of marriage, that voids the legal ties it bears and cancelling the matrimonial bonds between two people. Usually, it requires court proceedings that must be completed by a judge or another authorized person. It does not erase the marriage, but the marital status of the persons involved.Divorce is widely accepted in the world except for Malta and the Philippines – an annulment of marriage is being followed. The legal process isn’t that easy. It involves lot of time and money as there will be a lot of agreements to be fixed – alimony, child custody, child’s support, properties and debts must be both agreed by the parties. Anticipate lots of time spent here. So here are some guidelines to help you understand divorce a little better and prepare to get one.
Types of divorce
There are several types of divorce – no fault, at-fault, summary, uncontested, collaborative and mediated divorce. Let’s have a quick rundown of these types, and see which kind your marriage falls under. A no-fault divorce can be done without any allegations, or proven faults of the other person. Certain grounds for it may be incompatibility, irreconcilable differences, and simply the marriage just went cold. At-fault divorce requires a specific and “proven” instance where one of the persons committed something that is incompatible or brought ruin to the marriage. However, in this type of divorce, this can be contested and involve connivance of one party. A couple may pose as wanting to be divorced just for the sake of compensation and money but once it gets contested, it will be expensive. Most of these divorces are not granted.A summary divorce can happen when married couples meet certain aspect that will make separation possible. It can be triggered by a short marriage (less than 5-6 years), no children, or it can also involve financial stability. Uncontested divorces (majority of divorces are like these) are the ones that are have been agreed by both parties in terms on financial support, child support and custody. These are the types that are always granted. Collaborative divorce is a method of couples to have an agreement with the assistance of a lawyer about certain arrangements. Usually, this type can have the longest duration of the divorce process. Mediated divorce is almost similar, there’s also someone (mediator) to discuss things with the couple and when an agreement is made, it gets submitted in court.
Getting ready for a divorce
When getting ready for a divorce, do all your best to keep your relations amicable, or be settled properly. It will be harder if you’re not in good terms. Consult a lawyer for immediate advice and for assistance, just in case both of you decided for the divorce. He can act as a good mediator in case things do go sour.
Handling the finances
If you have any financial documents, get them ready – even tax returns and retirement accounts. Keep track of debt from cards or loans once you get separated. If you have joint accounts, make sure it gets frozen so nothing will be taken from it without you knowing. Discuss if child support or the two of you need financial support, and you can consult your attorney for further advice.
What to do with the children
Finally, discuss a child custody plan. Decide if the child gets to stay with either parent for a period of time, or gets to stay with one. If your child is over the age of 12, most places grant him or her the right to choose where to go. It’s all a matter of negotiation. Try to make the best decision for the child in this instance, not yourself.Getting ready for a divorce is hard, the process takes longer than expected. So if the marriage can still be saved, then have it settled. However, if nothing gets resolved, get ready for it.
Add your reply to AskMyGF