Divorce is one legally complicated process. It becomes even more stressful when the other partner is bitter, not ready to cooperate, and wants to use the process as some sort of payback. The presence of Family Lawyers during the process tones down the emotions and brings in some sense and logic into the settlement proceedings. Here are a few things that you should know as you prepare for the process.
Contested versus uncontested divorce
Divorce is legally known as marriage dissolution. It is the termination of a marriage agreement through a legal process or in a court of law. There are two divorce categories, contested and uncontested. When a divorce is uncontested, it means that the spouses have come to an agreement that the marriage is no longer working and both agree to all terms of the separation. On the other hand, a contested divorce is one whereby the two parties cannot agree on at least one matter regarding the separation.
Filing for the divorce
All states have a legal system that has put in place statutory grounds for divorce. Here are a few of the requirements that are normally laid down by the law to qualify for a divorce:
* Residency requirements: To file for a divorce, most states will require you to have stayed in the state and county for a required amount of time. This period is normally six months.
* Legal grounds for divorce: Most states will need you to have legal grounds such as irreconcilable differences or separation to file for a divorce.
* Waiting period: Most states put in place a compulsory waiting period between when the divorce is filed and when it is finalized. This means that it may not be possible to file a divorce and get it finalized within the same day.
* Jurisdictional requirement: A divorce can only be filed a state where at least one of the spouses has resided for a period of three to six months prior to the filing.
Family lawyers in Southlake TX will help you determine whether you have fulfilled the stated requirements. Therefore, to decide which way to go with your divorce case, you need to hire family law experts, and should be the first place to look.
