Divorce is fast becoming a popular option with the majority of Americans. With more than half of the married people opting for it, every third person is a divorcee. Divorce is a painful and bitter experience for the parties involved. To help with making the matters smooth, divorce laws have been established by all the states of the US.
Each state has different divorce laws. With a few similarities most of the divorce laws differ greatly from each other. To understand them, you will require the services of a professional divorce attorney (divorce lawyer).
Contested and Uncontested Divorces
According to the divorce laws, divorces are divided into two types:
- Uncontested Divorces
- Contested Divorces
If both of the parties are going for divorce with mutual agreement regarding all the issues, it will be termed as an uncontested divorce. Since there are no issues worth debating, an uncontested divorce is mostly settled in an out-of-court settlement.
However if both of the parties are unable to agree upon the terms and conditions of the divorce it will be regarded as a contested divorce. Division of the assets, debt allocation, alimony, child custody and spousal support are some of the commonly disputed issues.
Each state has its own set of divorce laws to handle these issues. Some of the common laws are:
I.Counseling and Mediation
Usually the spouses, who have disputes, are asked to go for counseling and
mediation. But since all the states do not pay for these counseling sessions, these can prove to be financially straining for both of the parties.
II.Alternative Dispute (Magistrates or Master)
In some cases, divorce laws might require you to go for an alternative dispute mechanism commonly known as magistrates and masters. These junior judges make their recommendations after hearing the evidences of both of the parties. The judge then makes the decision in light of those recommendations. But until the judge does not approve the recommendation of a junior judge, the decision is not final. It is a length and costly process.
Usually most of the spouses do not go for uncontested divorces. Since they are driven by distrust and ill-feeling for each other, they hardly agree on anything. It is not easy to understand many of the complex divorce laws on your own. In case you are going for a contested divorce, a professional divorce attorney is a must. A divorce attorney (divorce lawyer) will help you with sound divorce advice and look after your best interests regarding both financial and legal matters.
