Untying the Knot: An Overview of the Divorce Process and Your Legal Options

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday May 9th, 2023.

Divorce can be an emotionally and financially taxing experience. Knowing your legal options available to you can make the journey less daunting. Here is an overview of the divorce process and its related legal considerations.

  1. Grounds for Divorce

Most states allow individuals to file for divorce on “no-fault” grounds, meaning you do not need to prove that either party was at fault. You also may be able to file on more specific grounds such as adultery, cruelty or abandonment.

  1. Residency Requirements

Before filing for divorce in any state, one must meet its residency requirements. These typically involve living there for an established amount of time prior to initiating proceedings.

  1. Legal Separation

In some states, you have the option to file for legal separation instead of divorce. Legal separation allows you to live apart while remaining legally married – an excellent solution if you’re uncertain whether to get divorced or need time to work through marital issues before making a final decision on either.

  1. Mediation and Collaborative Law

Mediation and collaborative law are alternative dispute resolution methods that can help couples avoid litigation. Mediation utilizes an impartial third-party mediator who facilitates settlement; collaborative law utilizes attorneys and other professionals in an attempt to reach an amicable agreement outside of court proceedings.

  1. Litigation

If negotiations, mediation, or collaborative law fail to lead to an amicable resolution between spouses, litigation may be the only solution to finding resolution. While litigation may be costly and emotionally draining, it may also be essential in order to settle issues related to child custody, spousal support payments, or asset division.

When contemplating divorce, it’s a good idea to seek advice from an experienced family law attorney. They can guide you through the legal process while protecting your rights and interests.

Wickersham & Bowers provides comprehensive family law services, such as divorce, child custody, support payments, spousal support payments and property division. Our attorneys recognize the emotional and financial strain that accompany divorce; therefore, they strive to assist their clients through this process with dignity and empathy.

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