Divorce has two types and they are called contested and uncontested divorce. In contested divorce the couples don’t agree on the issues raised. Most often, the couples disagrees with the custody of the children, support for the children, conjugal property, share on the education of the children, family debt, dependencies and many more. Furthermore, divorce has other grounds called no-fault or a fault divorce. No-fault divorce is a ground for divorce that happens when the couples agree to irreconcilable differences and neither party shows of wrong-doing causing to marital breakdown. The suing party does not have to prove that the other party has done wrong leading to divorce.
Divorce can be filed in all states and it is regardless of who is at fault. It is common under the law in most state that in case of fault divorce, one of the parties is at fault for the breakup of marriage and will not receive alimony. One of the couple is at fault of infidelity, alcoholism, drug abuse and more.
Most couples who want a divorce choose a fault divorce. They can’t wait for a year of separation which is required under the law in most cases. The couple who is not at fault will be granted a greater share of the alimony in common and this is applied in some states. To prove that the couple can’t get along, one of the parties must present the ground for divorce that is under the law of the state where the divorce is being filed. In some state it is enough that the couple cannot get along well.
In some other country, the couple must live apart from each other for a period of months or even years for them to obtain a no fault divorce. As we can see, each country has a particular law regarding the processing or filing of divorce. There are some considerations also; a couple can ask the court to reconsider the case if both of the couple have not been living under the same roof for a period of time. This petition will only be considered by the court if it is properly documented and can be proven in order to get the approval of the divorce judge or mediator.
It can’t be told how long the divorce would take, because it depends on the cooperation of the couples. It also depends on the law of the state where it is being filed. The couple must agree on everything and it is also important that everything is in writing. Mostly the divorce will take only for six weeks, but can take a couple of years depending on when the couples reach an agreement with regard to the children.
If there is a child or children involved in the divorce difficulties do arise.The arrangement and the best interest for the child or children is important. It must be clear in the agreement where they will live or stay after the divorce is granted and how many times and how long they can stay or visits the other parents. A parent must support the child or the children until they reach the age of 18.