By definition, a divorce is a judgment from the court to end a marriage. However, before couples can be divorced, the court requires legal reasons so that it can deem divorce requests valid. Before finalizing a divorce, the court has the power to look at all the other issues that need to be decided on so that there will not be any major problems once a divorce is finalized. Couples who wish to push through with divorce must seek advice and counsel from a divorce lawyer. Otherwise, it would be difficult for concerned parties to make rational decisions that passing emotions have not influenced.
Before the court grants a divorce, married couples are introduced to other options to see if they can still work out their issues and refrain from legally separating and dissolving their marriage. Married couples can try living apart from each other first without getting divorced. The purpose behind this is so that both parties will not have to suffer major religious, financial, or personal setbacks, especially if there are children involved. Living separately will require married couples to seek a Judgment of Separate Support to determine who gets to look after the children.
Issues that Need to be Addressed in a Divorce Case
In a divorce judgment, many issues need to be decided to ensure that things will run smoothly even after the divorce has been finalized. This is important because married couples have to figure out things like who gets to keep what and which parent should have custody of the children. Divorces can be very messy if not handled properly. Therefore, all the issues related to a divorce judgment should be addressed as efficiently as possible.
Some of the most common issues that arise in a divorce judgment include determining who gets custody of the children, determining support of the children, and determining visitation and parenting time. Division assets need to be settled and divided properly, and alimony needs to be determined and arranged.
Personal properties should also be divided along with real property. The court also has to decide on who gets to live in the marital home. In case couples have debts, the court also needs to divide the debts fairly and even arrange an order for protection if abuse is suspected.
The judge has the power to decide on all the issues if the concerned parties cannot resolve all existing issues through an agreement. Evidence can be presented to help the presiding judge come to a decision. However, the evidence must be valid and should be considered meticulously before being used in court.
Why Seeking Legal Counsel Helps
Divorce is a very complicated and stressful process. For couples to understand the entire process efficiently, they need to seek legal counsel so that they will know what to expect out of everything that they will be asked to go through because of divorce. Furthermore, seeking legal counsel will help married couples understand the repercussions of their decision so that they can decide on what to do if they think that proceeding with the divorce would be too damaging on all parties involved.
Legal counsel can also educate married couples about the fees and costs associated with divorce. Since divorce is a long process that could get very complicated if concerned parties cannot agree on things, there is a tendency that the costs would rise, which could deplete the financial resources of the parties concerned.
Counseling Can Be Very Helpful
Before deciding on getting a divorce, couples can first try counseling. Divorce is a big decision that should never be taken lightly and should not be made impulsively. Therefore, it would be best for couples to try out counseling first so that they can work together to resolve their issues before finally settling for a divorce.
Couples should make an effort to understand all the repercussions of their decisions because even their children will be affected. Trying out counseling before finally deciding on divorce will be very helpful. If counseling cannot change a couple’s mind about divorce, it would help the couple become more reasonable, especially when they have to make joint decisions to settle agreements for the divorce.
Divorce and the Law
Married couples can file for divorce at any time. However, the court needs a legal reason to grant a divorce so that the judge can decide what to do with the couple, their children, and their properties once the divorce is in the process of being finalized. The law sets clear and specific rules and specifications for divorce. Couples who wish to get divorced need to understand the repercussions of their decisions so that they can easily agree on things, especially in terms of handling property and deciding on custody for the children, if there are any.
