Is A Divorce Lawyer Right For You?

By:Hege Crowton

Separation in a marriage. It’s not an easy situation and, in fact, can be one of the most traumatic experiences in a person’s life, short of the death of a loved one. While there are manifold reasons that people choose to divorce every day, there is more than one type of divorce. In this article we’ll discuss the need for a divorce lawyer and how she can aid you in understanding your options during your trying time.

First, divorce is like war, in that it should only be the very last action employed, when all talks and all other actions have been taken to ameliorate the situation. This should definitely include seeing a marriage counselor for a substantial amount of time. Very often by having a third-party mediator, emotions can be stilled, allowing for logic and fresh insight to come out, and so calming the troubled waters that oft befall married people.

However, as counselors are not miracle workers, sometimes insufferable differences make it necessary to seek a divorce lawyer. There are numerous reasons for seeking the services of a divorce lawyer, the two most important being dispute over ownership of property and custody of children. We’ll touch lightly upon these two issues in a moment.

First, it should be known that there are two different categories that your divorce lawyer will present you with, each representing a different type of split-up. As every divorce situation is different, the need for these two classifications was created. They are called “no-fault divorce” and “fault divorce.”

In the former, no proof of wrong doing is necessary. The spouse seeking legal separation usually does not even need to give a reason, or if so, simply may state “incompatibility,” “don’t get along,” or something along these lines. It should be noted however, that in some states a period of living apart must first be exercised. This can be a few months to a year, depending on the state. Your divorce lawyer will know the details of this.

In the second form of divorce, “fault divorce,” one of the spouses must state a more extreme reason for the split, including physical or emotional abuse, inability of sexual performance not known at the time of marriage, infidelity, incarceration in a penitentiary, or desertion.

The reason for the two types of divorces is two-fold. First, the “no-fault” takes much more time, well over a year in some cases, whereas the “fault” divorce is more expedient. As well, as your divorce lawyer will detail for you, in a “fault” divorce, if someone is seeking custody of their children or more property in the settlement, such a divorce will bolster their legal argument.

There are numerous books claiming that you can file your own divorce, which is true. This person should have the answers to your questions. However, if you are desirous of a “fault”-type legal separation, find a divorce lawyer.

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