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Common Questions of a Divorce!

A divorce is when both husband and wife have decided to separate and go there own way.  This usually takes the form of dividing their previously shared assets between them selves.  Some divorce proceedings become legal disputes over money, property, and child custodial rights.  When a couple cannot reach an agreement, the court will ultimately make those decisions for them, taking a wide range of factors in consideration when concluding a judgment.

In some states, divorce was socially shameful, and was highly discouraged or prevented by the Church and state.  Divorce was only allowed if one party broke certain marital obligations like, adultery, neglect or abuse.  Such marriages are now referred to as a “fault divorce”.   More recently, divorce has returned to its more usual state, by becoming legal, acceptable, and fairly common.  Some statisticians have reported that fewer than one in twenty divorces are contested in a courtroom.  Divorcing couples are usually reaching a settlement either with lawyers, mediation, or privately.  The restrictions on how easily a divorce can be obtained have been significantly lifted with the prevalence of the “no fault” divorce.

A no-fault divorce is a statement by each spouse that their petition to the court for a divorce has been mutually agreed on by both parties.  It attempts to hold neither party responsible for the dissolution of the marriage, and usually, couples reach a settlement over the division of rights and property.  In this case it would be bound by either an agreement between each other or mediation to avoid litigation.  In most states, all divorces require that a reason be given for the state to dissolve the marriage.  With the exception of the no-fault divorce, acceptable reasons include incompatibility between spouses, the existence of irreconcilable differences, or even the most practical description of a breakdown of the marriage.  The property is not necessarily equal in a no-fault divorce, subject to the agreed terms of the divorce, or ruling of the court.

A Summary Divorce in the United States, and some other countries, is the fastest and simplest form of divorce, granted to couples who had a short, inconsequential marriage.  In this case, few shared assets, and an equally low value of private assets.  It is also conditional on there being no child custodial issues, and no home or mortgage.

Commonly cited causes of divorce include:

  • Adultery by either one or both spouses
  • Strains caused by in-law family members
  • Physical and emotional abuse
  • Obsessive compulsions and addictions

It is a commonly held belief that women successfully negotiate the more favorable settlement or judgment more often than men in divorces, and this is actually supported by some surveys.  There is no question that mothers are usually granted the greater portion of custodial time over children compared to fathers.  However, the degree to which this happens has been gradually deceasing during the past decade.

The sharing of parental responsibilities and rights is one of the most important aspects of divorce in general.  These arrangements are always checked and ratified by a court, even where both parents are in agreement.  The ruling of custodial rights is always in favor of the child’s best interest.  In such a legal battle, the court can take a wide number of factors into consideration when deciding how to divide child custody.

With that in mind divorce rates are the highest they’ve been for hundreds of years.  The terms of divorce are becoming more manageable and acceptable to all involved.

On that note if you would like to begin your process of a divorce.  Simply go to www.mydivorcedocuments.com and purchase your do-it-yourself specific state divorce kit and begin your process today.

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