What You Need to Consider before Filing a Divorce

If you have decided to end your marriage officially, the first thing you should do is to educate yourself with the fundamentals of divorce. The write-up is meant to shed light on the subject.

Grounds for Divorce

In order to request the court for a divorce, you need to provide some solid legal reasons to end your marriage. These legal reasons form the basis of Divorce Grounds that can be of two types – Fault Divorce and No-Fault Divorce.

In a divorce based on fault-based grounds, the filing spouse needs to prove that the other spouse did something wrong that led to divorce. Some typical grounds under the Fault-Based Divorce Category include extremely physical or mental cruelty, desertion and adultery. In some states, fault factors in determining division or alimony of marital property.

No-Fault Divorce is rooted in “Irretrievable Breakdown” of marriage or “Irreconcilable Differences” in marriage. Whatever the reason, the basic point is the couple cannot put along any longer and there is no reasonable scope or possibility for reconciliation.

As no-fault divorces are less time-consuming and expensive, this type has become the most preferred choice for a divorce. The no-fault divorce procedure involves less anxiety, tension and depression and is especially suited for the couples with children.

Residency Requirements for Divorce

For everyone planning to file a divorce, it’s important to meet the residency requirements of their residential states before filing a petition. Each state has its own laws related to residency.

The most important factor in residency requirements is the time period you have resided in the state where you will be filing your divorce petition. Some states will allow you to file a divorce petition without having to wait for a waiting period if you are currently living in the state whereas others may want you to live in the state for up to a year before allowing you to proceed with the divorce.

Parenting Time and Child Custody

A typical parenting schedule allows a parent to spend time with the child only one or two evenings a week as well as every other weekend. An arrangement is also done to let the parent enjoy extended time during summer vacation. However, judges determine the parenting time after looking into the details of every case and try to decide a customized plan best suited for both parents’ schedules.

Child Custody is a typical Bone of Contention between the spouses in a divorce. However, contrary to a popular belief, child custody is not the all-or-nothing possibility. While deciding parenting time and child custody issues, the judges always consider what will work in favour of the child’s best interests. It often means giving a child custody verdict that actively involves both parents in the child’s life.

“Sole Legal Custody” allows only one parent to take decision. “Joint Legal Custody” is often the best outcome in a child custody case. When Joint Legal Custody is granted, both parents are entitled to a say in every important decision making in their child’s life, including religious upbringing, education, non-emergency medical treatment etc. Talk to a divorce lawyer in Galveston to protect your interests in the divorce case.

Back to top button