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What is Divorce? 4 Types of Dissolution of Marriage

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Divorce or dissolution of marriage is a legal process that dissolves a marriage. It is an important decision that should not be taken lightly. There are many factors to consider when deciding whether or not to get divorced.

Grounds for dissolution of marriage, child custody, and financial considerations are just a few of the things that need to be taken into account. If you are considering getting a divorce, it is important to speak with an attorney who can advise you on your rights and options. Dissolving a marriage can be complicated, so it is best to seek legal counsel before making any decisions.

What is a Divorce?

A divorce is a legal process by which a married couple’s relationship and their constitutional rights and obligations to each other and their dependents under family law are terminated, thus bringing about the end of the marriage for everyone involved.

After the dissolution of marriage is finalized, neither members of the divorcing couple may legally require one another or either spouse’s new partner to provide any type of support such as financial support, cooperation in raising children, or physical cohabitation; this does not prevent them from agreeing to provide such.

The legal responsibilities of separeted individuals are that they no longer have any marital restrictions, such as not being able to date, having spousal support responsibilities, etc.

Separated people are free to do whatever they want, including getting remarried. As opposed to more complicated systems of separation and annulments, dissolution of marriages virtually always grant full immediate liberty to an individual but do require more involvement in court procedures than separation or annulment would entail.

It should be noted that the financial responsibility part only applies if there was the debt incurred during the relationship by both parties – this debt will generally get divided fairly between the two parties regardless of who caused it.

What Is a Summary Divorce?

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A summary divorce is a very short, cheaper and simpler way for couples in certain jurisdictions such as California to get separated. This option can be used when both you and your spouse agree on getting divorced. Summary divorces do not need to go before a judge and, as such, cannot be appealed.

The process takes approximately one month from the filing to the completion of service by delivery or publication (or 60 days if service is waived). There are no court fees for this method of uncontested dissolution of marriage; the only additional cost would be if records were ordered by one or both parties. In California, you have to meet all of the following qualifications:

  • You must be married for less than 5 years.
  • You must not have a child together.
  • You must not have any real estate.
  • You must not have any rented real estate except the one you are currently living in.
  • You must not have a debt of $6000 since the marriage.
  • You must not have more than $41.000 in property after the marriage.
  • You must agree to refrain from spousal support.
  • You signed a marriage agreement to divide your property before you married.

What are the Types of Divorce in the US?

There are four primary types of divorce in the US: Uncontested, Contested, Default and Legal Separation.

Uncontested Divorce

An uncontested divorce is a process whereby spouses can end their marriage without filing for dissolution of marriage and going to trial. “Uncontested” dissolution of marriage proceedings are often much quicker than contested ones because there is no need for evidence-gathering or examination by lawyers at trial, meaning that both parties know very quickly if their requests have been approved.

Contested Divorce

This is a dissolution of marriage where one partner will not agree to the terms of the dissolution of marriage and will assert their own views on how they would like to settle. A contested divorce can be very costly for both parties as it must go through court after there has been no settlement, this can also lead to an inability for both partners to remarry due to the alimony that is awarded at the end of a case.

Default Divorce

Spouses in some jurisdictions may obtain a default divorce through agreement. In this scenario, the spouses agree on all major issues, but only one of them files for dissolution of marriage, while the other does not react. The final divorce judgment is then signed by the court. This technique saves you money on court costs because it is done through the filing spouse.

Legal Separation

A legal separation is a process by which a married couple lives separately, with their assets being divided. A legal separation is a popular alternative to divorce when the couples are uncertain about the state of their marriage, but they do want to establish financial limits and obligations, such as asset division, custody of dependents, and child support.

Effects of Adultery in Divorce

The effects of cheating on a divorce can be significant. Cheating can be grounds for divorce in many states, and it can have a negative impact on property division, child custody, and alimony. In some cases, it may even lead to criminal charges. If you’re considering cheating on your spouse, you should consult with an attorney to understand the potential risks.

Cheating might be the cause of a divorce petition being filed. The state will determine whether or not cheating will play a role in divorce proceedings. In all states, petitioners may bring fault-based divorce claims on the grounds of adultery. In these jurisdictions, cheating could have an impact on a court’s judgments, such as custody or alimony.

In the most extreme situations, adultery may have an influence on court judgments. A judge in the United States will not evaluate a spouse’s moral or ethical fitness, but he or she might consider how adultery would affect case-related issues such as money. Consult a lawyer to find out whether cheating will have an impact on your divorce.

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