Home » Relationships

Protect Yourself With An Understanding Of Divorce Law

Feb 20, 2008
It is rare that people go from being a happily married couple to being opponents in a divorce court, but if you are considering divorce, it is clearly in your best interests to know how divorce law works and what it can mean for you. Without an understanding of the law, you are relying on word of mouth, which may or may not be accurate and can leave you in a worse situation than you are now if you follow the wrong advice.

One of the most important things you should know is that divorce law differs from state to state. If you're divorcing in California, for example, it's somewhat different than what would happen to you if you were divorcing in Wisconsin. One of the things that can change greatly from state to state is the division of assets. It's also true that in most cases, you have to file for divorce in the state you live in, so that you cannot go to another state just because that state's divorce law favors you more than your own home state's does.

Next, what can you expect? It's much more common these days to have what's called a "no-fault" divorce, also known as an "uncontested" divorce. With this type of divorce, both spouses agree that a divorce is the best outcome for both of them, and they've basically agreed as to how jointly owned assets should be split up. If no children are involved, this is usually easiest. In fact, with a no-fault divorce, oftentimes, a divorce lawyer isn't even needed. If you do need a lawyer, it's usually on a minimal basis at most.

Some states require that you separate for a trial period before you are granted your divorce. This is also sometimes known as "test" divorce. With a separation, the divorcing couple lives apart from each other and does not have any interaction with each other day today. This lets the couple know what it's like not to have his/her spouse around. In many cases, people actually discover that they don't want a divorce during this period, and they're suddenly more willing to work through differences than they were in the past.

In an at-fault divorce, there is usually one of the spouses who has done something that would breech the typical marital status, such as infidelity, abandonment, or cruelty. Note that cruelty can be defined as physical cruelty but can also be proven to be emotional or verbal abuse. Depending on the state you live in, this type of divorce may not require a separation period.

If both spouses are guilty of a marital contract breech, something called "comparison rectitude" is suddenly brought into play. This is designed to determine which of the two parties, both guilty, are the guiltiest. This is often difficult to prove, because not just word-of-mouth is required for proof. However, the outcome can significantly impact division of property and assets.

If you are facing divorce as a possibility, make sure that you know divorce law in general and in your state. Even if your situation is difficult at present, going through a divorce in the wrong way could put you in an even worse situation. If you know the law and what you can expect, you'll be much more prepared for what is to come.
About the Author
For more information and additional insights about Divorce Law please visit our web site at http://www.my-divorce-guide.com
Rating:
Please Rate:
(Average: Not rated)
Views: 193
Print Email Report Share
Article Categories
    • Artists
    • Gambling
    • Humanities
    • Humor
    • Movies
    • Music
    • Photography
    • Tattoos
    • Television
    • Classic Cars
    • Motorcycles
    • Recreational Vehicles
    • SUVs
    • Trucks
    • Vans
    • Branding
    • Business Opportunities
    • Careers and Jobs
    • Corporate
    • Customer Service
    • Direct Mail
    • Entrepreneurship
    • Ethics
    • Financing
    • Franchising
    • Home-Based Business
    • Human Resources
    • Import and Export
    • Leadership
    • Management
    • Market Research
    • Marketing and Advertising
    • Negotiation
    • Network Marketing
    • Networking
    • Organizational
    • Presentation
    • Project Management
    • Public Relations
    • Small Business
    • Strategic Planning
    • Team Building
    • Telemarketing
    • Training
    • Data Recovery
    • Databases
    • Games
    • Hardware
    • Networks
    • Operating Systems
    • Programming
    • Security
    • Software
    • Spyware and Viruses
    • Ask an Expert
    • College and University
    • Home Schooling
    • K-12
    • Languages
    • Online Education
    • Psychology
    • Accounting
    • Credit
    • Currency Trading
    • Debt Consolidation
    • Insurance
    • Investing
    • Leasing
    • Loans
    • Mortgage
    • Mutual Funds
    • Personal Finance
    • Stock Market
    • Structured Settlements
    • Taxes
    • Wealth Building
    • Coffee
    • Cooking
    • Gourmet
    • Recipes
    • Wine and Spirits
    • Acne
    • Aerobics
    • Alternative Medicine
    • Beauty
    • Cancer
    • Cosmetics
    • Depression
    • Diabetes
    • Diseases and Conditions
    • Fitness Equipment
    • Fitness
    • Hair Loss
    • Heart Disease
    • Medicine
    • Men's Health
    • Muscle Building
    • Nutrition
    • Skin Care
    • Supplements and Vitamins
    • Weight Loss
    • Women's Health
    • Yoga
    • Arts and Crafts
    • Babies
    • Collecting
    • Elderly Care
    • Genealogy
    • Hobbies
    • Parenting
    • Pets
    • Pregnancy
    • Woodworking
    • Feng Shui
    • Gardening
    • Home Appliances
    • Home Security
    • Interior Design
    • Landscaping
    • Affiliate Programs
    • Article Marketing
    • Auctions
    • Audio
    • Banner Advertising
    • Blogging
    • Broadband
    • Domain Names
    • E-Books
    • E-Commerce
    • Email Marketing
    • Ezines and Newsletters
    • Forums
    • Internet Marketing
    • Link Popularity
    • Pay-Per-Click
    • Podcasting
    • RSS
    • Search Engine Marketing
    • Search Engine Optimization
    • Security
    • Social Media
    • Spam
    • Video
    • Viral Marketing
    • Web Design
    • Web Development
    • Web Hosting
    • Copyright
    • Cyber Law
    • Intellectual Property
    • National, State, Local
    • Patents
    • Regulatory Compliance
    • Trademarks
    • Buying
    • Selling
    • Baseball
    • Basketball
    • Boating
    • Cycling
    • Extreme Sports
    • Fishing
    • Football
    • Golf
    • Hockey
    • Hunting
    • Martial Arts
    • Running
    • Scuba Diving
    • Soccer
    • Swimming
    • Tennis
    • Astrology
    • Buddhism
    • Christianity
    • Faith
    • Hinduism
    • Islam
    • Judaism
    • Meditation
    • Metaphysical
    • New Age
    • Cable and Satellite TV
    • Cell Phones
    • Communication
    • Gadgets and Gizmos
    • GPS
    • Satellite Radio
    • Video Conferencing
    • VoIP
    • Addictions
    • Coaching
    • Goal Setting
    • Motivational
    • Stress Management
    • Time Management
    • Clothing
    • Electronics
    • Fashion
    • Gifts
    • Jewelry
    • Causes and Organizations
    • Environment
    • History
    • Holidays
    • Men's Issues
    • Nature
    • Philosophy
    • Politics
    • Women's Issues
    • World Affairs
    • Air Travel
    • Camping
    • Cruises
    • Destinations
    • Outdoors
    • Article Writing
    • Book Reviews
    • Copywriting
    • Fiction
    • Non-Fiction
    • Poetry
    • Quotes
    • Screenplay
    • Tools and Resources