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Important Answers about Divorce |
Written by Andrew Tenco
Monday, 14 July 2008
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It is hard for many people to admit, but sometimes getting divorced is the only way to live a happy and healthy life. When thinking about a divorce, there are several other items that are factors in this big decision. Before filing, take the time to look into what the divorce process involves and what changes it will cause in your life. In this article, we want to answer your questions about divorce and some of the negative impacts it may create. If I'm planning on divorcing my spouse, do I need to get a divorce attorney? If you have a feeling that your divorce will be contested (meaning that your spouse is not expecting it and there will likely be fights for custody, assets, etc.), then getting a divorce attorney is the best way to protect your best interests. A divorce attorney will also help to ensure that the entire process is fair for you. If you have children with your spouse, a divorce lawyer will protect your interests in terms of the fair amount of custody that you should receive and the terms of the custody agreement. A divorce attorney can also help you file the papers so everything is conducted according to the rules of your particular state. How do I go about filing for a divorce? To file for divorce without your spouse knowing, simply go to the courthouse and fill out the appropriate paperwork. The best way to make sure that you do everything the right way is to hire a lawyer to file your papers. If you're unsure about how your spouse will react, a lawyer will help you get the entire process taken care of, and your spouse will have no knowledge of it until the papers are served. If your spouse gets angry easily, this could be the best thing to do because it allows you to be away from home when the papers get served, preventing any confrontation. I've heard of common-law marriages. Is there such a thing as common-law divorce? No, there is not such a thing as common law divorce. You cannot be granted a divorce simply by living apart from your spouse for an extended period of time. Most states require, at the very least, a written agreement submitted to the court that states your intention to divorce each other or of your intent to separate from each other. In most states, common law marriage is a recognized form of marriage. This is not so with divorce, though. If you both agree to a divorce, contact a lawyer or your county courthouse to find out the very least you need to do to be granted a divorce. It is only a few weeks before my divorce will become final. Would it be illegal for my spouse to marry again before it has become officially complete? Legally, yes it is. Being married to more than one person at once is against the law. You cannot marry another person until your divorce is absolutely final, as this would break state bigamy laws. But this is just a formality. Many states would not regard the second marriage as purposefully breaking the law. If your spouse gets married before the final divorce hearing, you could try to get them in trouble for committing bigamy, but most likely nothing would come of it because neither the lawyers nor the court system actively pursues these cases. Can I relinquish all of my parental rights in my divorce decree? It is possible to relinquish all of your parental rights when you have your divorce papers drawn up, but sometimes the courts will not allow this to happen. There are several reasons for this. One reason the courts may not allow you to relinquish your parental rights is if there is a child involved that you'll need to supply child support for. In most states, you'll still need to pay for child support even if you do relinquish your parental rights. In some states, you can discontinue paying child support if your spouse clearly states it in the divorce papers. A local attorney can give you the most accurate information regarding this matter. Article Source: http://www.ArticleBlast.com |
About The Author:
After Andrew Tenco's wife hired a Sacramento Divorce Lawyers, it became obvious that the time had come. In order to find a good Yolo divorce lawyer, Andrew went to the experts at Family Law Center. There, he was able to find a California Family Law Attorney that worked with him to settle any disagreements that arose.
After Andrew Tenco's wife hired a Sacramento Divorce Lawyers, it became obvious that the time had come. In order to find a good Yolo divorce lawyer, Andrew went to the experts at Family Law Center. There, he was able to find a California Family Law Attorney that worked with him to settle any disagreements that arose.
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