A divorce is never an easy process, but the right attorney can make a difficult time a little bit easier. The divorce process is complex and long, and the stress of the situation can make tempers run high. It is important to have a professional on the side of each party to keep the proceedings agreeable so that they can reach a final compromise and settlement.
No Fault vs. Fault Divorces
Because of the many factors that must be considered during divorce proceeding, it is a good idea to enlist the assistance of Long Beach family lawyers to ensure the process goes as smoothly as possible. One of the factors that must be decided in a divorce proceeding is whether it will be deemed a “fault” or “no fault” divorce. No fault divorces are available in all 50 states, but in 13 of those locations, no fault is the only choice. The other states will allow fault divorces to be finalized for the following reasons:
o The infliction of unnecessary physical or emotional pain; also referred to as cruelty.
o Adultery by either spouse.
o Desertion of either spouse for a specified period of time.
o Confinement to prison by either spouse.
There are a couple of advantages to filing a fault divorce if the situation calls for one. First, the divorce proceedings can usually be completed much more quickly. It can also be more lucrative for the spouse filing the paperwork, since a fault divorce will often lead to a larger settlement for the person who was wronged. A family lawyer in Long Beach can advise a client as to whether there are grounds for a fault divorce and begin the appropriate paperwork to put the wheels in motion as soon as possible.
In cases where there is grounds for a fault divorce on both sides, it is often the spouse who files the paperwork first that will get to make the claim of “fault”. However, if there is a dispute as to which party is most at fault, the court will determine which spouse receives the divorce based on who is more at fault – a process known as comparative rectitude. It is very important to have the representation of Long Beach family lawyers in these situations to protect rights and ensure each party gets a fair shake.
On the other hand, a no fault divorce allows either spouse to file for divorce for any reason. This is where the term “irreconcilable differences” often comes into play. The catch to a no fault divorce in many states is that the couple must live apart for a specified period of time before the final divorce decree may be obtained. In some locations, this may be a matter of months, but in others, it could take years to finalize this sort of divorce. It is best to seek the advisement of Long Beach family lawyers to ensure that the criteria is met for a no fault divorce before paperwork is filed.
Divorce is a painful and complex process to contemplate. The good news is that the right Long Beach family lawyers will make the divorce proceedings a bit easier to handle.