Learning About Divorce

The law deems all marriages as legal contracts between spouses. Hence, when you get married, you enter into a legally binding contractual agreement with your spouse. A divorce is simply an annulment of the marriage contract. Therefore, you must file for divorce in court. 

Though you can file a divorce without a divorce lawyer, it is highly recommended to hire one. They provide a variety of services aside from filing divorce papers. If you were unaware of the full role of a divorce attorney, here are three ways they can assist you in a divorce. 

1. Informing You of the Divorce Grounds in your State 

Divorce grounds are the reasons why a couple wants to dissolve their marriage. However, every state has different grounds for couples to petition a court of law to dissolve a marriage. 

Hence, a divorce lawyer can help you understand how your state treats fault-based and non-fault-based divorce grounds before filing for divorce. Examples of fault-based divorce grounds include infidelity or domestic abuse by your partner. In comparison, non-fault divorce grounds could be falling out of love. 

Though all states recognize non-fault divorce grounds, courts usually instruct a divorcing couple to live separately for a predetermined period. The court can annul their marriage after the separation period if the couple still wishes to divorce. 

2. Determining Grounds for Spousal Support 

Spousal support matters arise when a divorcing couple has a huge salary gap or one spouse is unemployed. Spousal support means that the partner who is the breadwinner (the one who earns the most money) should pay alimony to their ex after the divorce. 

However, spousal support is not an automatic guarantee after a divorce. Hence, it is up to a divorce lawyer to prove that the partner who earns less is eligible for spousal support from their ex. Furthermore, it is up to the divorce lawyer to determine how much alimony your ex should pay you. 

Hence, if you earn less than your partner or are a stay-at-home spouse, a divorce lawyer can help you seek alimony from your ex-partner. 

3. Accounting and Dividing Marital Assets

Division of marital assets is always a significant factor in most divorces. Typically, spouses have a legal claim to the assets a couple acquires during the marriage. However, determining which assets fall under marital assets can be a challenge. 

Hence, it is up to divorce lawyers to account for all the assets owned by the couple, individually and jointly. Once divorce lawyers establish marital assets, they are responsible for dividing the assets equally or based on the equity each spouse put into the assets. Divorce lawyers can also oversee the division of assets based on prenuptial and postnuptial agreements. 

Therefore, it is up to a divorce lawyer to ensure you get a fair share of marital assets after a divorce. Reach out to a local divorce attorney to learn more.