Do you need a divorce lawyer or divorce attorney? This website can help you with information about divorce law and also resources to find the right Lawyers. Divorce isn’t fun or cheap so the right lawyer can make all the difference in your case. Attorneys, divorce trained and experienced, will make a very hard thing easier.
What are the Differences Between a Divorce and an Annulment?
Both divorce and annulment are court procedures that dissolve a marriage. However, unlike a divorce, an annulment treats the marriage as though it never happened. The vast majority of dissolutions of marriage are done through divorce.
What are the Residency Requirements for Obtaining a Divorce?
All states require the spouse filing for the divorce to be a resident of that state. The time requirements for establishing residency vary, but generally range from 6 months to a year.
Different Types of Divorces: "Fault" & "No Fault" States
Each state has their own procedure for divorce. The majority of states adopt the "no fault" approach to divorce, while some retain a "fault" divorce system
"No Fault" Divorces: The key feature of a No Fault Divorce is that the spouse filing for divorce need not prove any wrongdoing or "fault" on behalf of either party to get a divorce. Some states require the couple to declare they no longer can get along. In other states, the couple is required to live apart for a specified period of time (months or years) before they can file for a "No Fault" Divorce.
"Fault" Divorces: The spouse that is filing for a divorce
must cite a reason as to why the divorce should be granted. Although
the "fault" rules or justifications vary from state, common
cited reasons are:
· Cruelty (infliction of unnecessary or emotional pain)
· Adultery
· Desertion for a specific length of time
· Confinement in prison for a set number of years
· Physical inability to consummate the marriage
How is Property Divided After a Divorce?
In many cases, a couple filing for divorce is able to work out an agreement concerning the division of their property and debts on their own. In cases where such an agreement cannot be reached, a court must step in and apply state law to settle the dispute. State laws regarding the division of marital property are classified under two categories:
Community Property States: In Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, all property of a married person is classified as either community property, owned equally by both spouses, or the separate property of one spouse. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.
Equitable Distribution Property States: In all other states, assets and earnings accumulated during marriage are divided equitably. This means that in most cases, two-thirds of the assets go to the higher wage earner and one-third to the other spouse.
What are the Typical Circumstances for Obtaining an Annulment?
Annulments usually take place after very short marriages. The grounds
vary from state to state, but the justifications for obtaining a civil
annulment generally include:
· Misrepresentation or fraud
· Concealment (hiding something substantial from the spouse)
· Refusal or inability to consummate the marriage
· Misunderstanding
Do I Need a Lawyer Specializing in Divorces or Annulments?
The Court process for obtaining a divorce or annulment can be very confusing, so it may be wise to consult with a family attorney to help explain your rights and to protect your interests. A lawyer experienced in divorce will know how to navigate through the complicated legal process in an efficient manner, and be there when you have questions.
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