Children and Divorce

In the year 2000, it was recorded that more than 15 million children in the United States experienced that their parents had taken divorce. It must be noted that children like these face multiple losses in life. The children of divorced parents lose their nuclear family and have to cope with abandonment. Some of these feel that their childhood has been lost. They have to carry the burden of economic and physical responsibilities to support a single parent.

It has been observed that divorced parents rest their fragile egos on their children and consequently these children lose their peers. A section of these children believe that they are the original cause of divorce. They struggle with these thoughts and lose their self esteem. Moreover, they sense that it is their obligation to bring everything back on the correct track. As these plans are based on wrong assumptions, the plans rarely succeed and this increases the children's feeling of failure.

Children of divorce desire the following from their divorced parents.

• The parents should be a part of the child's life. The child expects daddy and mummy to raise the child, teach the child what is important and assist the child when it has problems
• When parent 1 talks regarding parent 2 with the child, the child expects parent 1 to speak only nice things about parent 2 or not speak anything at all. If parent 1 says unkind and mean things about parent 2, the child feels that parent 1 is expecting the child to take parent 1s side
• The child expects each parent to communicate directly with the other parent. The child is reluctant to send messages between the two
• The child wishes to enjoy the time spent with each parent and during it love the parent. During this time, the parent should support the child. If the parent displays frustration or jealousy, the child concludes that he / she should take side of one of the parent and love one of them more than the other
• The parents should not fight regarding issues concerning the child in front of the child. If they do so, the child feels that he / she has done something wrong and develops a guilty feeling
• If the parents don't get themselves involved with the child, the child feels he / she is not important and the parents do not love him / her. So, the parents should ask the child several questions, make phone calls and write letters

Divorce Steps

Divorce is regarded as a disintegration of the union of two people formed by marriage. It is a legal matter and therefore, it is handled by appellate courts and county courts in the state. As marriage is one of the vital parts of human life, dissolution of this bond is always painful. But divorce should be taken by proper way by following all legalities to avoid any problems in future. It is important to know the divorce procedure and stages of it.

Divorce Steps broadly include the following steps:

• Filling divorce forms and submitting them in the court
• Servicing the documents
• Filing of the Answer and Counterclaim
• Default procedure
• Mediation process
• Hearings in the court and presentation of the parties
• Trials
• Final decree of the divorce
• Appeals to get relief from the decision

The different states in the United States have specified documents for purpose of filing for a dissolution of marriage. Also, the documents required for a no fault divorce, contested divorce and uncontested divorce also vary. Every state has its own rules and regulations regarding the selection of the venue for filing these documents. Generally, a court clerk is responsible for supervising the submission of these documents.

The next step for breaking the marriage is the servicing the documents to other spouse. It is observed that one of the partners file for a divorce without discussing it with the other one. This happens in the case of a divorce taken under the grounds of violence or adultery. In this case, it is essential to inform the other partner about a petition for divorce. That is called as servicing the documents and having the proofs for acceptance of such notices.

Usually, for servicing the documents, any one of the following methods can be used.

• Personal service by an applicant
• Service through Sheriff or deputy of Sheriff
• Through private mediums of service like courier or first class mail
• Through constable or local legal authority in that county
• If all other solutions fail then by publication of the notice in local newspaper

After the service, a spouse has to sign the documents in order to accept them. The Defendant (Respondent), that is a spouse to whom a notice is served, may take one of the following steps.

• Not to file the Answer and reject a petition of divorce outright
• To file the Answer and thereby agree to the Complaint for divorce
• To file the Answer and thereby disagree with some or all points in the Complaint for divorce as well as file the counter-case

The first step mentioned in the answering procedure of defendant results in a Default Divorce. The Plaintiff is granted whatever is requested without any court procedure. That is often known as an uncontested divorce.

In the second step also, the Plaintiff is granted all that is desired. It is considered as mutual separation of a couple. Thus, the divorce procedure is over within a short period.

However, the third step of the defendant may lead to different processes as follows.

• The court might order mediation by involving a third party as a mediator
• There may be a mediation hearing or counseling before trials
• If the case is very complex, then there is the series of hearings that includes lawyers and spouses
• The hearing during which the judge takes the final decision regarding all divorce issues and signs the Divorce Decree is called as the Final Hearing
• If any one of the spouses is not satisfied with a court decision, he or she can apply for putting a stay on court order and initiate a court procedure for solving the case again.

In this way, divorce steps can be explained. The steps for divorce have no particular format as every case of a dissolution of marriage is different. The procedure of ending a marriage will depend entirely on the mutual relations of partners, terms of divorce and type of a divorce.

Divorce Tips

Marriage is a truthful union of two souls based on trust and commitment. It is no fairy tale that we used to dream in our adolescent years. People grow, circumstances change, conflicts begin, love ends, and with all these the dream of a happy marriage is shattered into a harsh reality that ends up with a divorce. Divorce can be the most unfortunate decision of your life, but taken at the right point of time, this big decision will help you choose your priorities and live life in your own terms. Once you decide for a legal separation, you must be mentally and financially ready to endure the long legal procedures. The important divorce tips presented here will help you take the right decision in the right way.

Some common divorce tips

After a thorough analysis of different divorce advices put forward by eminent lawyers and certified divorce financial analysts, we have prepared a list of important divorce tips that are cited below:

• Mutual Agreement: Go for a hassle-free divorce by having a mutual agreement over all matters. In consultation with your partner, take the help of a financial planner to settle issues like division of property or alimony. Other than this, both of you can sit together and think about who will take the custody of the child/children. Remember that the future of your child/children is of utmost importance to you and not your ego. Do care about your partner's feelings for the child and allow him/her visitation rights post-divorce. If you want to avoid the legal proceedings to a greater extent, you must go for an uncontested divorce where most of the work is done by your attorney once you sign the mutual agreement.

• Proper Financial Planning: It is important to check all your financial records, make copies and keep those in a safe place. These papers include bank records, business records, credit card statements, account statements from banks and investment firms, joint debts, joint bank accounts, joint insurance policies, stock certificates, annuities and many more. Keeping records of all these will surely help you in the midst of legal proceedings; otherwise it may make the process a lengthier one. Don't forget to convert joint bank accounts to single holder accounts. In addition, you and your partner should be ready to pay debts that both of you agreed to pay when you were married.

• Identity Check: Check all personal and business documents to ensure that all your personal particulars like name, address, and contact numbers are correct. Also search for any information about you, that is available on the Internet and if you find any incorrect information, contact the web-master.

• Online Divorce or DIY Divorce: For a quick and less-complicated divorce, choose online divorce or DIY (do-it-yourself) divorce services. You can get all the important divorce papers and forms and information on state laws.

Divorce Tips for U.S. Citizens: In U.S.A., almost 50% of the marriages end up in legal separation. The legal procedures differ from one state to another according to the federal divorce laws. Every state in the United States has laid down different rules of divorce. Apart from these rules, there are certain points that every individual who is attempting a divorce should know. It is practically impossible to enumerate all such points in a single article. However, some of these relevant divorce tips related to each state have been listed in the articles at the bottom of this page.

The term "divorce tips" encompasses a wide range of topics starting right from the petition to custody and visitation to judgment and ending at post-judgment issues. They would certainly provide an insight to the different aspects of the divorce.

Divorce Questions

Divorce is the next step, when the married couple is on the verge of ending their marriage and wants to regain their single status. Even though divorce is a known term to everyone, yet it is difficult to understand the legal jargons related to it. During the divorce proceeding the married couple who plan to end their marriage, will come across several legal terms such as grounds of divorce, alimony, child custody, visitation rights, decree of divorce, separation period, waiting period etc. After hearing these terms one would have several divorce questions in their mind that they need an appropriate answer to.

Divorce procedures are not restricted to filing forms and submitting divorce papers. There are several details about divorce proceedings that one would need to know about, if they are opting for divorce to end their marriage. The basic divorce questions that would fill any person's mind are about filing for divorce. How do they file for divorce, what process do they need to follow, which county do they need to file a divorce in, where do he or she file a divorce if they have recently relocated to a new state etc. One needs to mention the grounds on which he or she is filing the divorce. The person opting for a divorce just cannot mention their personal problem as the reason for divorce. They need to mention the appropriate acceptable ground for divorce as per the state where he or she is filing the divorce papers.

The acceptable grounds for divorce differ from one state to the other. Most states have no fault ground as an acceptable ground for divorce. But the fault grounds may vary, as every state has different fault grounds. Most common fault grounds are adultery, drug abuse, felony, physical and substance abuse, abandonment etc. Even though there are several grounds of divorce that are considered by the states, the divorcing person needs to know the exact ground for divorce that he or she needs to file the divorce under. The no fault divorce ground has been introduced with the intention that the divorcing couple do not need to go through financial problems to get a divorce. Even though no fault divorce is a good option but it is not advisable to opt for no fault divorce, if the actual reason for divorce is physical or sexual abuse.

Divorce is the legal end of marriage between two individuals. These individuals were bonded legally during the period of their marriage. Hence, the issues related to division of property, assets, and liability need to be considered. If the couple filing for divorce has child or children for this marriage, then they would have to deal with child custody and visitation rights. Such divorcing parents would have several questions related to visitation rights and child custody. During divorce, the divorcing person feels insecure and needs appropriate answers to the legal questions that have filled their mind. Here we have answered several questions related to different aspects of legal divorce procedures.

As per the divorce laws in the state, the waiting and separation period vary. Those who are looking forward to getting a divorce would have questions related to the waiting period, separation period and other aspects related to divorce. One would like to know the waiting period in the state where he or she is thinking of filing a divorce. There are several personal questions that one would need answers to, such as can he or she get engaged before the final decree, will such a step affect their divorce, and is getting engaged before divorce legal in the state where they have filed the divorce. We have provided answers to several such questions that would prove helpful to those who are thinking about getting a divorce or have already filed for divorce and need answers regarding divorce proceedings.

Along with legal process of divorce, the divorcing person has to look after several issues related to divorce like property division and spousal support. The court considers several factors before deciding on these issues. But the divorcing person needs to be aware about such facts and figures as he or she might have attended trial to sort out these issues. These issues can also be sorted out by the divorcing couple on their own. Even though a person might be thinking about negotiating on these issues, he or she needs to be aware about their legal rights. Therefore, we have provided answers to questions related to property division and spousal support as well.

The divorce questions and their relevant answers mentioned over here will be helpful to resolve queries of divorcing person. One needs to be aware about divorce legal process and various other issues related to it. Along with divorce the person needs to deal with these issues.

The answers to some divorce questions vary as per the state while some are same irrespective of the state. An insight to all these issues is provided on this page.

Divorce Procedures

In USA, almost 40-50% of marriages end up in divorce making the nation rank in the top five divorce-seeking countries in the world. Unlike the earlier times, marriage now is a breakable affair. Serious matters like adultery, drug or alcohol abuse, quarrels over household affairs, ego clashes, etc. and often trivial issues culminate into the havoc called divorce. Couples confront the court to end the marital bond and get a divorce. They have to go through a number of divorce procedures that are governed by the state laws of USA.

Every divorce case is unique and a number of divorce laws are legislated in order to address the issues pertaining to the particular divorce case. As a result the divorce procedures are also different. In the US, the litigation procedures of each state is different from the other. Every separating couple should know the divorce steps that they need to follow to get a smooth and fair divorce without much hassle.

Before you file for a divorce, you must be well aware of the requirements that you have to meet before and during the process. We are providing here a brief information about the requirements. The list is prepared from a broad perspective because all divorce cases are not same and need different requirements, procedures and length of time.

• Residency Requirement: You must meet the residency requirement of the state from where you are filing for the case; because this particular state has the sole jurisdiction over your case. The plaintiff or the petitioner must live the state from where he/ she is fighting the case for a certain period of time as specified by the state laws.
• Ground for divorce: There are many states in USA that grant divorces on fault ground and no-fault grounds. Again some states do not offer this flexibility and grant cases on either ground. If your marriage is irretrievably broken and there are irreconcilable differences between the couple. Fault grounds include serious issues like adultery, impotency, felony conviction, cruelty, insanity, drug abuse, etc. You have to produce proof of the grounds for divorce.
• Other matters: Other matters relate to issues of child custody and property division. Regarding child custody and child support, the court makes decisions that are in the best interests of the children. Most of the states grants an equitable distribution of marital property where the property is distributed justly and fairly, although not equally at all times. One of the most important divorce procedures involves producing financial documents of marital property, debts, inherited property, and information on children, if any. You have to attach all the documents with the petition and then serve a copy of the petition to the defendant. The petition is also known as 'Original Petition for Divorce' or 'Letter of Complaint'.

Although the divorce procedures in the different states in the United States vary slightly with respect to the documents to be filed, the waiting period to be endured etc., the divorce process can be broadly categorized into the following steps:

• Completing and filing the Petition for divorce
• The Petition is accompanied by the Summons and other relevant documents
• Serving the divorce documents to the Respondent (Defendant)
• The defendant has to respond within the given time as specified by the state laws
• Requesting for temporary orders, if felt essential
• During the waiting period, the divorcing partners attempt to bridge their differences and reach at an agreement
• If necessary, mediation sessions are held
• The Discovery phase consists of disclosure of pertinent facts
• If an agreement cannot be reached, a trial is begun
• During the trial, the parties disclose their side of the story, present evidences and produce witnesses
• The Judge oversees all the facts, evidences, witnesses statements and forms a decision regarding the case
• When the Judge signs the Decree of Divorce, the divorce becomes final
• If any divorcing partner is not satisfied with the decision of the Judge, such a partner can file an Appeal in the higher court
• If the divorce is uncontested, the couples need not be present in the court. The lawyer prepares all the papers and present it to the court. The court grants divorce once it is satisfied with all the legal documents and the grounds on which the case is filed.

No Fault Divorce

A marriage is mainly performed to attain a lifelong support from another individual in terms of various ways, such as, physically, mentally and financially as well. However, after few years of the marriage many spouses find their marital relationship no longer worth continuing for the rest of their lives. As a result, spouses mostly decide to end up their marital relationship with the help of a legal process called divorce. It is observed that just an incompatibility factor between both the spouses can easily be taken into consideration as one of the major grounds for a no fault divorce case.

The concept of no fault divorce is that one divorcing partner is not supposed to point out and furnish evidence regarding any fault of the other divorcing partner during the marital life. It is sufficient if the divorcing partner states that their marriage has been irretrievably broken due to one or both of the following reasons.

• Incompatibility of temperament: Marriage is such a bonding where a person is expected to accept the partner along with his or her merits and demerits. At times, spouses cannot deal with a highly incompatibility situation with the respective partner. Therefore, differences in behavior can be one of the major causes behind no fault divorce.
• Irreconcilable differences: In most of the cases, idiosyncrasies of both the spouses lead to severe incompatibility between them. As a result, there are no possible ways of resolving the higher ratio of differences, ultimately leading to divorce.

Some states in the United States demand a separation period prior to granting a no fault divorce to the spouse, who satisfies the conditions required for such divorce case. During no fault divorce, both the spouses are expected to resolve all possible marital issues such as, child custody, property or debt division, alimony settlement, child support or visitation schedule and likewise. Most importantly, both the spouses should present their common agreement on all decisions made regarding marital issues between them.

Oklahoma was the first state in the country to adopt this type of divorce. The state incorporated this type of divorce in its system in 1953. Later, in 1969, California followed suit. Presently, New York is the singular state in the country that does not endorse a no fault divorce.

It has been observed that since the integration of no fault divorce in the system, the divorce rate in the country has skyrocketed. No Fault divorce is extremely popular amongst the masses and more and more people are embarking on this route if they desire a divorce. The only reason behind the popularity of no fault divorce is the less complications and legal proceedings associated with it. However, no fault divorce process carries both the aspects; advantages and disadvantages. At the same time, a definite procedure is to be followed while filing a no fault divorce in the court house. There can be a major difference in the filing procedure from the rest of divorce processes in the state. The unilateral no fault divorce is considered to be the most convenient and easy process as it does not include complications in terms of varied views regarding marital issues.

Before filing a no fault divorce in your state, you are primarily required to refer the divorce laws and rights by the judiciary or federal system. Further, essential paper work related to your divorce and understanding regarding valid grounds should be the major concern from your side. Through our website, we are mainly focused to provide you detailed information regarding various aspects related to no fault divorce including the pros and cons, steps necessary for filing, factors to be considered during alimony settlement and other various essential topics.

Uncontested Divorce

A divorce is a crucial phase of life. Whatever decision you take, you must remember that this decision can alter your life to a great extent. This is true not only for divorce, but for any decision that you take regarding education, career, job, marriage, etc. So before taking a decision one must be aware of all the probable consequences, both positive and negative that your decision may bring. If you are considering getting divorced from your partner, you must be familiar with the types of divorce, divorce laws and procedures prevalent in your state. Divorce is a complicated and boring process and the emotional stress involved in it makes an individual the worst sufferer. There is a way to reduce your stress and avoid the tiring court sessions. If you go for an uncontested divorce, your divorce will be legal and less-complicated as well.

Studies reveal that around 95% of divorcing couples go for uncontested divorce. In an uncontested divorce, the divorcing partners reach an agreement regarding the divorce terms without the assistance of the court. Some of the divorce issues are as follows:

• Distribution of Property
• Spousal Support or Alimony
• Child Support
• Child Custody
• Visitation

In most of the cases, the divorcing couples are able to reach to a mutual agreement and they present the court with an equitable mutual agreement. If the court considers the agreement to be fair, it grants the divorce. But if the couple is unable to reach to a mutual agreement, they must request the court to provide solution to certain issues.

Preparation needed for an uncontested divorce

An uncontested divorce becomes possible only when the divorcing parties are able to talk to each other and discuss the issues instead of having some disagreements. It is natural that the couples will have some personal issues and so they may feel uncomfortable approaching each other for a discussion. So both the parties should be on good speaking terms if they want an uncontested divorce.

You have to understand the advantages of an uncontested divorce. This can also be done by finding out the differences between uncontested divorce and contested divorce.

• In an uncontested divorce, the divorcing partners may or may not take the assistance of the lawyers. But you will definitely need an advocate if you go for contested divorce
• An uncontested divorce requires fewer amounts of money and time than a contested divorce. The court costs and lawyer fees involved in a contested divorce is not always easy to afford. If someone wants to save money, he/ she must convince his/ her partner to go for uncontested divorce
• Sometimes children become the worst sufferer in a divorce. Their emotional, psychological and mental growth is hampered. The severity of this suffering can be reduced through an uncontested divorce. As the divorcing parents leave on a friendly note, their children are not adversely affected
• Thirdly, the negotiations between the divorcing partners remain private. They do not become an issue of public record as in a contested divorce. On the other hand, in a contested divorce these private affairs are turned into mere form of entertainment which can be embarrassing for the partners and their families
• In a contested divorce, the partners have to go through courtroom proceedings, wait for the next sessions which may be boring. One need to also gather evidences to prove statements and grounds for divorce. This becomes a long process. Whereas in an uncontested divorce, partners settle things between themselves and the court grants the divorce if it finds that the settlement is beneficial for both. The whole process does not take a long period of time
• Unlike in a contested divorce, the partners can continue to maintain an amicable relationship with the spouse in an uncontested divorce. This relationship will certainly benefit the child as he/ she will try to love and respect both

Although there are a number of benefits of an uncontested divorce, such type of divorce is not advisable for spouses who face complex issues regarding assets and child custody. Property distribution is undoubtedly a complex area. Partners with substantial assets are surely going to face a tough time while deciding each person's share in their property. Again couples who have children may not be able to take wise decisions as they do not possess any good knowledge that lawyers and judges have. So an uncontested divorce is advisable for separating couples with limited issues and no children.