With the divorce rate at an all time high, it is important to have a full understanding of divorce laws. Nearly 50% of all marriages will end in a divorce. Therefore, it is vital that you know the ins and outs of the laws. Divorce laws do vary from state to state so it is important that you check with the laws for your particular state. However, there are some general laws that apply across the board.
If you are looking for an alternative to the more traditional litigation, divorce mediation might be an option. A mediator's main priority is to try and help the two parties come to a mutual agreement. The neutral third party is there to ensure that both parties are getting a fair deal. A mediator can work with the spouses to work through problems such as child support, custody, visitation, property division, alimony and much more.
Another alternative to the more traditional litigation is collaborative law. For those divorcing couples who wish to avoid litigation but require strong legal representation, they should consider collaborative law. Collaborative law gives you the ability to retain a team of divorce professionals.
Some people believe that one party will receive a majority of the property division. However, it is more likely that the marital assets will be divided fairly evenly for both parties. Therefore, it is vital that both parties create some clear priorities and decide what is really important to them.
Health insurance and taxation are two other important issues when considering a divorce. If your insurance coverage is through your soon to be ex-spouses employer, then it will be important that you continue to have coverage for yourself and any children involved. This can all be worked out through legal litigation. With regards to taxes it is important to determine what dependency exemptions both parties are eligible for.
There are a variety of divorce laws that are set in place for divorcing couples. Divorce is not an easy situation for anyone. However, by knowing and understanding the divorce laws in your particular state, you can ease some of the headache associated with divorce.
What To Know About Divorce
1. In a divorce, the law is concerned with only three things?property, support, and parenting arrangements for minor children. That's it; that's all. If there is no legal opposition (papers filed in court) to your requests on these three subjects, getting a divorce is simply a matter of red-tape and paperwork, easy to do. The trouble comes when parties can't agree about these issues and do things that do more harm than good - like taking the divorce into a lawyer's office and into court while the disagreements are still unresolved.
2. Very few divorces hinge on valid legal issues. Over many decades, after millions of California divorces, almost every conceivable issue has already been decided in great detail and can be looked up in our enormous body of cases and statutes. This means there is only rarely a fact situation where we don't know ahead of time pretty much what any judge would order, so there's really no good legal reason for people to disagree, at least none worth the financial and emotional cost. The reason people argue is not about the law but about emotional things like hurt, fear and anger. Even more, it is because arguing is the fundamental nature of law practice and the legal system.
3. There are no solutions for divorce problems in a law office or court room. Divorce problems are almost entirely personal and emotional, but the law has no tools that can help. None. Not any. As to lawyers, nothing in law school prepares them to help people resolve disagreements based on emotional upset.
4. Retaining a lawyer almost always makes things worse rather than better. Worse than merely having no solutions for your divorce problems, our legal system - known as the adversarial system of justice - is based on conflict. It originated with trial by combat in the Middle Ages when people with a disagreement would battle before a representative of the King and the person who survived was right. A hair more civilized today, parties do legal battle in a courtroom before a judge and try to win a decision. When you take a divorce into the legal system to "settle" disagreements, things invariably get worse (no solutions there, remember?) and the level of conflict and cost go way up. Even when it's over, the parties come away broke, unhappy, disinclined to comply with orders that have been imposed, and less able to get on with rebuilding their lives or raise children cooperatively.
5. The things you can do yourself are far superior to anything a lawyer can do for you. The lawyer has no legal tools or training that can help you settle disagreements and get on with your life. But because the problems are entirely personal, between you and your spouse, there are many very specific things you can do to help reduce tension, avoid conflict, and negotiate or mediate a fair settlement. In the book, How to Solve Divorce Problems, you'll find ten specific steps to take before you start to negotiate, actions that help protect yourself, the children and the other party. These are followed by ten steps to take that will make your negotiations smoother and more effective.
Both Gabriel Adams & Ed Sherman are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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Ed Sherman has sinced written about articles on various topics from Legal Matters, After Divorce and Family Concerns. Ed Sherman is a divorce specialist attorney and award-winning author of How to Do Your Own Divorce in California. His books and software have saved millions of people billions of dollars in unnecessary attorney fees. Visit. Ed Sherman's top article generates over 8100 views. to your Favourites.
