Law

Everything You Should know about the Law before Applying for a Divorce 

Particularly hard on a personal level, a divorce can actually get tricky, messy, and,  at times, even brutal and ugly. Which is why you need an excellent attorney like the divorce lawyer Andrew Heft to represent your case. The practical practice experience counts as much as the theoretical knowledge of the law. 

In order to make sure that you get nothing less than financial and mental peace, you need to know how the divorce cases in the courts proceed. The major factors of the entire process are discussed below. 

  1. Reasons to Grant a Divorce 

A judge will rule out the plea for immediate divorce in most cases. The couple has to stay together for a year before the divorce is granted. 

However, immediate divorce is granted if:

  • You have been living separately from your spouse for a year. 
  • You are suffering from domestic violence. 
  • You are subjected to mental torture. 
  1. Marriage Annulment over Divorce

If you’ve faced a fraud, your marriage can be annulled by law. The reasons for annulment are listed below. 

  • If your spouse is already married. 
  • If you have been misidentified about the sexuality of your spouse.
  • If you have been forcefully wedded. 

However, popular attorney, Andrew Heft, informs that you need to bear in mind that the marriage can be annulled for the first 3 years only. Any longer, you’ll have to get a divorce. 

  1. Alimony Settlement

Alimony is granted for maintenance and is a step towards financial security. However, against the belief that only women are eligible to receive an alimony, it is, actually, the less earning or unemployed spouse that is granted the financial assistance for life. 

Your chances at getting an alimony are higher if:

  • You have been a homemaker for years. 
  • You have a child to support and are unemployed. 
  1. Matter of the Child’s Custody

It’s not necessary, but mostly likely, that women are given the custody of the child. It can, though, be denied under certain conditions like:

  • Alcoholism 
  • Substance abuse
  • Criminal history
  • Physical inhibitions that make it difficult to take care of the child. 

Your spouse is also supposed to pay money for the maintenance of the child other than the alimony you receive as compensation. 

Besides, custody can be of two types:

  1. Sole custody – The child will stay with the parent who has won the custody for the most part.
  2. Shared custody – The parents will reside close to each other so that the child can live or stay in touch with both

So, there’s a lot you need to know in order to get the verdict in your favor. Thus, be very mindful of which lawyer you choose. 

 

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