Divorce Lawyer: Helping you Handle the Legalese of Separation

A legal separation is often a trying time for both parties, and aside from the emotional turmoil of break-up, the added complications of property division and child custody arrangements can make it as sensitive as it is complex. A competent divorce lawyer can help provide the professional guidance and support to ensure that the legalese of separation is less strenuous and stress-free.

The Legal Nuances

A divorce is a legal dissolution of a marriage as declared by a judicial decree that affirms the formal termination of a relationship, allowing both parties to remarry. However, a separation is more than consent for remarriage, and in most cases the court also issues appropriate statements regarding division of finances, alimony, and child support as well as custody and visitation rights. The laws defining divorces often varies by state, and the applicable statutes and codes may vary greatly between jurisdictions.

In general, the party initiating the lawsuit must state the grounds under which the dissolution is sought. No-fault divorces allow spouses to separate without actually making any accusations or placing blame. Typical causes for such divorces include incompatibility or irreconcilable differences between spouses that make living within a marital relationship impossible. In some cases, one or both the spouses may initiate a period of extended separation that paves the way for a legal dissolution. However, there are still many instances where there are valid grounds for seeking separation. Fault-based divorces include veritable causes such as adultery, cruelty, or even addictive drug usage that can interfere with marital harmony.

Resolving Legal Issues

A divorce action initiated by agreement between spouses is termed uncontested, and these lawsuits are often easily resolved and the parties more agreeable to a mutual separation. Contested divorces often require additional judicial intervention to help create and manage a point of agreement within which the partners are willing to negotiate. Although a contested dissolution almost always needs adequate legal counsel, in many cases an uncontested separation will still warrant professional guidance from a qualified divorce lawyer.

While most divorces are resolved by a reciprocal arrangement between the two parties, there remain many instances where a resolution requires legal representation as well as supplementary mediation. In such instances, the partners work with a trained mediator to resolve differences fairly while accommodating common interests. Typical points of discussion include spousal support and alimony, child custody rights as well as property and debt disbursal agreements. The mediated agreement is then presented to the court for any modifications and final approval.

Child Custody Basics

In general, the physical custody of any children within a marriage is awarded to the parent who is the primary caretaker, particularly for young children, while older kids may be consulted for their preferences before a decision is made. Joint custody is sometimes an option, especially if the spouses wish that the child not be separated from either parent. However, joint custody is not often awarded, and courts generally recommend that the child stays with one parent with liberal visitation allowed to the non-custodial parent. In rare cases where the spouses are unable to agree on who retains child custody, the courts may intervene and present custody rights to one parent keeping the child's best interests in mind.

Regardless of the actual reasons for marital separation, a divorce is a final and binding decision that has a long-standing impact. Be sure to consult an experienced divorce lawyer for counsel on the issues surrounding a break up to help keep the process less taxing and smooth.