Answers to Five Common Questions About Suing for Divorce
Posted on : July 17, 2017, By: Hildebrand Law
Answers to Five Common Questions About Suing for Divorce
Divorce, also referred to as marriage dissolution, is the termination of a marital contract and the reorganizing of legal responsibilities in the union. Filing a lawsuit for marriage dissolution can be a slippery slope in which the petitioner loses time and money if he or she is not careful. Here, then, are five common questions that estranged couples ask during divorce proceedings.
Is divorce the same thing as an annulment or legal separation?
No, divorce is not the same as legal separation and annulment. An annulment deems a marriage void, which is nearly the equivalent of a couple not having exchanged vows in the first place. Legal separation occurs when a couple resides apart from one another while still holding to the matrimonial contract.
A divorce acknowledges that a couple is bound by the legal constraints of marriage but seeks to break the union. The act does not declare the vows null and void but rather relieves the two parties of their responsibilities to commit themselves to one another. The date of matrimony is still on file when a divorce takes place, and couples are in some instances still jointly responsible for debt incurred during their union.
5 Main Points About Suing for Divorce.
What is the difference between fault and no-fault divorce?
A fault divorce is a traditional means of marriage dissolution that places guilt on one of the parties involved. In past times, the spouse responsible for the divorce, either because of adultery or another reason, was required to pay alimony to the victimized lover.
While some regions still allow for fault divorce lawsuits, most states process no-fault marriage dissolution requests. Such petitions present the decision for divorce as a common choice in which neither party was responsible for the union’s demise. The majority of couples cite irreconcilable differences as the reason for the marriage dissolution without going into detail.
The party responsible for the union’s dissolution pays support in a fault divorce regardless of the victimized spouse’s income. In a no-fault divorce, alimony depends on the income of both parties and whether one spouse was primarily responsible for the care of the couple’s children. The courts also compare full-time employment with part-time wages and how many years the supported spouse has been supplementing his or her income with the other party’s higher earnings.
What about child support?
The courts may determine the amount of financial assistance a parent must pay if the divorcing spouses cannot agree on their own. Child support is largely dependent on which partner has primary custody or with whom the children live if both parents retain joint guardianship. The courts weigh the needs of the children against the income of the spouse responsible for paying support to determine a fair amount.
Answers to Five Common Questions About Suing for Divorce.
Couples who cannot agree with child support on their own should seek counsel from an attorney. A divorce lawyer Peoria IL relies on may serve as a mediator to help the couple develop a plan before involving a judge.
Can a spouse stop a divorce?
Preventing a fault divorce is possible. The accused partner only needs to prove his innocence for a judge to dismiss the case.
A no-fault divorce is unstoppable. In fact, a spouse disputing the idea of marital dissolution is itself an irreconcilable difference that justifies grounds for the union’s cessation.
You should never navigate the troubled waters of divorce alone. A skilled attorney can help you through the process of filing suit for marriage dissolution and defending yourself against financial disputes during proceedings that could threaten your quality of life.
If you have a question about divorce in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix Arizona divorce attorneys at (480)947-4339.
Thanks to our friends and contributors from Smith & Weer, P.C. for their insight into divorce practice.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
Kevin Park of Hildebrand Law was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
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