You and/or your spouse have decided that the marriage is not working and now you need to know what your options are.
Ending a marriage is not easy, but understanding the process and procedure associated with this life changing event will give you and your spouse the knowledge to make informed decisions.
Most people automatically think of divorce when they think of ending a marriage, but married couples who are separating may have a variety of legal options available to them.
In an alternative dispute resolution parties engage the services of a neutral third party to help them resolve their case in a non-trial procedure without litigation. ADR usually costs less and issues can be resolved quicker without the hostility of litigation.
During a collaborative divorce, the divorcees are aided by a group of professionals who help them establish an agreement. This team may include a separate attorney and mental health professional or "coach" for both the husband and the wife. Other team members may include a neutral financial advisor and child advocate, if the couple has children. This team will work together to help the couple come to a marital settlement agreement. After the couple negotiates and agrees to the settlement, they bring it to court for final approval.
The term "contested divorce" has two separate meanings, depending on the context in which it is used. In one meaning, a contested divorce is where one party argues that the other does not have grounds for divorce and attempts to prevent the divorce.
Secondly, the term is used to describe a divorce proceeding in which both parties want a divorce, but the husband and wife cannot agree on issues like custody, visitation, division of property, and who is responsible for various debts.
An uncontested divorce begins like any other divorce case: one party files a divorce petition and arranges for service of process on the other party.
However, if the parties are able to agree on all of the aspects of the divorce, there may be no need for a hearing. Instead, the parties may submit an agreement and agreed order and, if the court accepts the agreement, the order may be entered and the divorce finalized without a hearing.
Living separately from your spouse is not an official separation in divorce law. Legal separation involves family court because you must file a petition to gain legal separation status.
Although separation is often a step toward divorce, not all separations end in divorce court. If you and your spouse decide to get back together, you probably won't take further legal steps.
To annul a marriage means that the marriage was never legal under the laws of the state where it occurred. Potential grounds for annulment include:
To review any of the given options, you may want consult a divorce attorney. To talk with a divorce attorney today simply fill out our divorce case review form or call us at 877-421-3761. We will put you in touch with a divorce lawyer near you who can help you move forward with your divorce case.