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7 Important Facts About Divorce Cases that you Should Know Right Now
It’s a sad statistic that, as of 2017, 40 – 50% of marriages ended in divorce, and many of those divorces were not amicable. Divorces impact the lives of everyone close to the couple involved, and stress and emotions are always high during the process.
Although there is no “right” way to end a marriage, the choices you make on the path to the dissolution of your relationship can make a huge difference in how quickly and smoothly it goes. Regardless of your situation, there are seven important facts you should know that are present in almost every divorce case.
1. The three most common causes of divorce are money, religion and sex.
While there are not too many laws regarding religion and money that form the basis of sex, there are multiple that pertain to adultery. However, irreconcilable differences in the areas of religion and finances can cause couples to cross lines that are unable to be uncrossed, making these three causes of divorce those that are usually seen.
2. Divorces filed while emotions are high are usually the most volatile.
Obviously most people going through a divorce are going to be emotional, but trying to work out the details of the process – finances, custody, property, etc. – is extra difficult when the raw emotions are also needing to be worked out. Because of this, it is often better to wait a bit before obtaining an attorney for divorce help , until you have worked through the initial grief and anger and can approach the process with a clearer mind.
3. Divorces can be cheap, or they can be costly.
Again, when emotions are running high, the odds of you and your partner coming to a sensible agreement where everything is divided equally down the middle and both parties are satisfied is very unlikely. If you can do this, your
divorce can end quickly and inexpensively. However, when one party (or both) is running on emotion rather than logic, the case can drag out and costs can pile up. There really is no cap on the amount a divorce can cost, and when the monetary issues continue to rise, so do the emotional ones as well.
4. There is no set time frame for a divorce case to become finalized.
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divorce case takes about a year to a year and a half, but if mediation cannot be agreed upon and litigation has to turn to the courts for an agreement to be decided, it can take years.
5. The inconvenience of a prenup early can save you the hassle of an ugly divorce later.
Like discussing a burial plot and a will, talking about a prenup is one of those things that can make for awkward dinner conversation. Yet, a smart partner will admit that life happens, changes occur, and there is a possibility in the far future that you and your soul mate may not make the long haul. You can ignore it and deal with it if it happens, at which time you will likely wish – like a funeral discussion – that you had handled it when you were thinking rationally and logically, or you can discuss the logistics of what should happen to both of your finances and property in the unlikely event of a divorce (40 or 50%, remember) and come to an agreement in the form of a prenuptial agreement prior to actually needing it.
6. You can argue against the divorce if you really do not want it.
When one party files a divorce petition, claiming that the marriage has broken down for whatever reasons they outline, the other party does not have to agree with the claims. Instead, they can request a court hearing
and deny the allegations, at which time they can refute the need for a divorce to take place at all. At that time, the court can decide whether there are actual grounds for the divorce to proceed.
7. Your choice of divorce lawyer is important to your case.
When you have decided that your marriage is irretrievably over (most experts suggest waiting eighteen months from the time that you first seriously consider filing for a divorce, unless the safety of you or your loved one is in question), you will likely need to obtain a divorce lawyer. The legal expert that you choose should be someone you feel comfortable with and feel satisfied that he or she has your best interests at heart. Your attorney should not be one who becomes emotional or volatile when tensions are high – stressful situations are likely to occur, and you should be able to look towards your lawyer for cues on how to behave.
When You are Ready For Your Divorce, Know What to Expect
Going in to begin the process that will end your marriage is easier if you know what you should expect. In addition to those seven important facts, you should have some idea of the basic process you will be beginning. The start of your journey begins with an informational meeting where your questions will be asked and answered, after which you can choose to hire the attorney or continue searching. When you choose your legal expert, you will have some paperwork to complete that will include things like your financial agreements and goals for the divorce. You will meet with your lawyer to create a legal plan, parenting plan, financial plans, etc. for them to address with other attorneys involved. Then there will be follow-up meetings jointly with all parties to try to come to satisfactory agreements and draft paperwork.
If an agreement is made, the paperwork will be officially created and signed to complete the process. Your lawyer will file all of the appropriate paperwork with the court and no other intervention is needed. Otherwise, the court process will initiate.
This can be a stressful, emotional time for everyone involved. Taking the time to know the basics of a divorce case can help you understand the process that you are about to undergo and make a difficult time a little less overwhelming.
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