Divorce is a situation that a couple never plans to happen when they get married. Over time this can change and for one of many reasons the couple may find the only solution to their problems is divorce. This is one of the most emotional legal cases and often not just for the adults, but the couple’s children. The type of case it falls under civil law and there are lawyers that specialize in this area of the law. This is a kind of law that involves the divorce proceeding and much more. It is often called family law because while the dissolving of the marriage is the focus, but there is division of property, child custody and visitation rights. This area of civil law may include annulments and legal separation.
Ending the Marriage
The dissolving of the marriage can be uncontested, which means both parties agree to end the marriage. However, if one party does not agree to the divorce it can be a contested divorce, which entails evidence to prove why the marriage should end. In either divorce type a divorce attorney lenoir nc can ensure the clients rights are protected to a fair property settlement and other parts of the divorce are fair. Once the divorce finalizes under the law, it is as if the marriage never took place. However, if there are children from the marriage a simple divorce will not change the fact that there was a marriage. Since there will be visitation and child custody situations. The time it can take for ending a marriage can take about three months for a divorce that is uncontested. If a divorce is contested, it can take twelve months or longer to end the marriage. However, the time limit can also depend on the state, county, and the court.
Other Types of Common Divorces
The uncontested and contested are the most commonly known kinds of divorces but there are several other types. The summary divorce is a simple divorce that can be common depending on the state laws. This is a way to end a marriage by a couple with no major debts, little or no property to divide, and no children. This couple has been married five years or less generally.
The default divorce is when one of the party’s file for a divorce and the other person does not respond or does not take part in the court proceedings. In this situation, the court can grant a divorce by default. This is most common with couples with one spouse from another country that they do not return. The person leaves the location the divorces is filed and does not return, or the spouse that cannot be found to be notified of the divorce.
The collaborative divorce is a divorce that each spouse is working with their own collaborative attorney who will negotiate an agreement without going through a court proceeding. In the event the lawyers do not reach an agreement, they must resign. The parties then hire new collaborative attorneys and begin again. The spouses meet with their lawyers to negotiate a fair agreement. Ending a marriage is never easy and the more the couple has acquired the more that will require division. Children from the marriage depending on their ages often are permitted to give input into the visitation and custodial parent depending on the state divorce laws involving children.