Making Smart Decisions During Divorce

Divorce has something of an unfair reputation. While it's understandable that people don't want to confront emotional and legal turmoil, the simple fact is divorce can be a solution. Even if only one party sees divorce as a solution, the other person should understand how bad that means things are.

Fortunately, divorce provides a legal remedy to such issues. Let's look at how divorce operates as a solution.

Irreconcilable Differences

When a divorce attorney files a suit on behalf of a client, they will almost certainly cite irreconcilable differences. In American law, this means at least one of the two marital partners believes the marriage is damaged beyond repair. Notably, the legal standard for a judge to grant a divorce is that one party believes the marriage is broken and unfixable.

Terminating a marriage is a concession to the fact things have gotten this bad. There is nothing wrong with acknowledging that reality. In many cases, more harm comes from trying to hold a marriage together than facing facts and moving on.

Be aware there is no way to stop a divorce if your partner wants one. Even if you hire the best divorce law attorney in town, they can't roll back the process without the other party's consent. The most a person can accomplish is dragging the case out through their state's legally required cooling-off period, if there is one.

Addressing Family Law Issues

A divorce often entails some family law issues, especially if a couple has at least one child. During the divorce process, a couple with a kid should try to negotiate a solution for child support, visitation, and custody. If they can't solve these issues, a judge will solve the problems for them.

Spousal Support

It is common for one party to be less financially advantaged at the end of a marriage. If a person's financial situation is likely to pose major burdens, there is a good chance the divorce will involve spousal support. Even if there isn't a major financial issue there, some folks will offer to provide support for a while out of concern for their ex.

Notably, a court can order spousal support if the two sides can't reach an agreement. Similarly, a judge can order long-term or permanent support if one partner has medical needs.

Division of Assets and Debts

You will also have to sort out who gets what at the end of a marriage. Laws vary from state to state regarding what counts as a marital asset. Additionally, the couple will have to divide or pay any outstanding debts from the marriage. 

For more information about the process of divorce, contact a local divorce attorney.