Divorce is not an easy process to go by. The effects of divorce are good enough to drench the living spirit out of any person. Still thousands of divorce papers are filed everyday in the court seeking freedom from this very nuptial bond. The process of filing a divorce has become quite easy as you can file a divorce without the help of an attorney these days. Apart from this there are certain guidelines that you need to follow to get your divorce done.
The first condition in order to file the divorce paper is the residency requirement. The residency requirements for each state differs and either of the spouse should fulfill the necessary residency requirement in order to be eligible to file a divorce in the specific state. Once you qualify for filing a divorce in the said state you can begin with filing the divorce papers.
Points to consider before Divorce:
Before filling the divorce papers there are some points that you need to consider. Alimony, child custody, child support, property and assets distribution are the major issues of a divorce. The most important of them is Alimony. When the decision of Alimony is considered by the court, it takes various factors like age of the spouses, duration of the marriage, education and most importantly the financial stature of the spouses. When taking the decision on divorce alimony , the court makes sure that the decision is in the favor of both the parties and none of them feel that proper justice was not granted. Same is the case with property distribution.
The next important thing is child custody and while giving the decision, court takes various points into consideration. The first preference of the court is to grant equal custody rights to both the parents. Also the court makes it a point that the child receives love and affection of both the parents. However, while taking the decision, the court also looks for the financial standing of the parents, i.e., income of both the parents and their ability to take good care of the child.
If one of the parent is not capable of supporting the child or for that matter not in the best of the physical states, then the custody is awarded to the parent who is more capable. In this scenario, the other parent is awarded with generous visitation rights.
Division of Property after Divorce
When it comes to division of the property there are two things that you can do. One is that you can draft a common settlement agreement with your spouse. Make sure that this settlement agreement caters the best interest of both the spouses and none of them should feel cheated. The other way is to leave the decision on the court for the division of the property. However, in the latter you won’t be sure of what is coming your way after the division. Making a settlement agreement will give you more control on the division of the property. The issue of division of property has always been the biggest bone of contention between divorcing spouses and has the potential to drag the case for months if not years.
Though anyways, before you file a divorce file, it’s always worth giving it another shot. Try to find a good marriage counsellor and discus your problems and try to find a solutions. Most of the time divorce happens because of mis-understanding and which could be easily solved with few hours of consultancy. But if the reasons is something like cheating partners or lost love, in such cases make your mind and under mutual agreement go ahead and file a Divorce case.
Are you undergoing a Divorce these days? What’s the reason and how’s the whole process working out for you? Is there any divorce tip you would like to give to others, let us know via comments.
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