by Peggy Fleming
Marriage is commonly referred to as the desired "happily ever after," but it's not all the time that marriage ends up being the kind of life journey a pair dream for themselves. This isn't a bad thing, as life goes on, and marriage in itself can be a great experience to look back to. When marriage isn't working anymore, divorce is a possible option. Whether the husband wants a divorce or the wife, the road to getting divorced is never an easy one financially or mentally. However, it's important to understand that there are various aspects of life that divorce can directly affect, and in this case there are legalities to consider that can affect the course of your life before, during, and after divorce. Below are key tips on what to consider legally when going through a divorce. Remember, it is always best to seek legal counsel from lawyers familiar with your state laws. For instance, if you live in Maryland, you would want to contact Bethesda divorce lawyers.
Do remember however that similar to how different legal instances can differ from one another, the same is the case with divorce. As no two couples are the same, considerations for each kind of divorce can differ, which means it's essential to consult the help of a divorce lawyer such as those here regarding the things you have to take note of.
Legal Separation versus Divorce
Perhaps one of the best ways to start the discussion about legal considerations of divorce is to understand is difference between legal separation and divorce itself. The misconception sometimes is that divorce is just the same as being legally separated, but this isn't the case.
● Legal separation happens when a court order has specified duties and rights of a couple that live separately while still married. Meanwhile, a divorce is actually the total separation of the couple in question. The proceedings of the two are similar, as the court decides on a lot of common ground for the couples. These include:
○ The maintenance for separation, which includes child support and alimony. This basically means the kind of support a spouse receives from the other, especially after their finances as a couple have officially been separated.
○ Child visitation and child custody, as couples with children tend to have conflicts as to who can see whom, and what activities a child and parent could do.
○ Property and asset division, especially for couples who have acquired particular assets over time. Figuring out property division in divorce is difficult and best started at the time of separation.
It is always best to speak with a lawyer when considering legal separation. Professionals like the attorneys at Peters May (https://www.petersmay.com/) advise their clients on what is best for their specific situation.
Divorce Proceedings Aren't What They Seem
According to Huffington Post, couples experiencing divorce should consider a few things when going through the process of divorce. This can greatly help them know what to expect during the entire experience.
A lot of the things you may commonly associate with divorce are proceedings you see on television, where couples undergoing the process often only having to appear in court a few times. These situations don't portray just how complicated and slow the system is. This isn't to say the divorce system is in itself inefficient, but there are parts of the system that have to be taken slowly in order to fully understand the procedures.
● The tendency of relatives and friends, for instance, is typically to suggest immediate relief, which may lead some of them to promote an immediate pay off instead of considering the big picture in the long term. This lack of knowledge regarding legalities coupled with a focus on the immediate and emotion-based efforts typically blend badly with your own prejudices on the subject. Perhaps it's best to accept their opinions as they are based on care, but do consult a lawyer on your proper move.
● In fact, it's important to expect that you may feel to be at a disadvantage, regardless of whether or not you're the one who wanted the divorce or not. The divorce process itself may be trying, one in which you may feel discomfort when you have to speak with your former partner or see them in court.
Divorce Makes It Seem Normal
Divorce involving a lot of conflicts tend to be damaging both in emotional and financial aspects.
Couples undergoing divorce can expect some sort of changed 'schedule," as one partner will most likely decide on the matter and drag the other along. This can be difficult, especially if one party doesn't want to end the marriage yet, and the other wants to completely dissolve the marriage.
● This is important, as paperwork will eventually be worked out between the couple and this involves things such as financial decisions and other discrepancies that have to be submitted to the court. Talking about these things can take a lot of time and can result in emotional pain.
Divorce Affects Everyone
When you're undergoing divorce, do expect that this will affect not just you and your partner, but the people around you. This goes beyond deciding on the finances between you and your spouse, but also on the various proceedings that have to take place and decisions you have to make about aspects within and outside your marriage.
● Odds are, your standards of living and social network will likely be different throughout the proceedings. You will be exposed to a lot of different people for a short while, and chances are you might find it a bit easier to see things you don't like in your partner. There will be a sense of loss or a sense of failure that will be attached to the marriage and the time you and your former partner spent together.
● Your children will also be affected by the divorce, especially since you have to decide on the kind of care your children should receive and who should provide it, as well as matters of custody.
Conclusion
Divorce is an entirely new journey of its own. This doesn't necessarily mean that just because you have decided to divorce your former partner, that your marriage has been a "failure." However, when marriage doesn't work, divorce can sometimes be a better option than just trying to make things work. Unfortunately, in the same way a marriage takes a lot of preparation, divorce also takes a lot of preparation as well. In this case, not only are there multiple emotional factors considered, but also legal considerations to take note of. Understanding them can greatly help in your understanding of the issue you're facing, and what you can do to deal with divorce appropriately.
Disclaimer: Please remember that this article shouldn’t be considered as actual legal advice. It's advised you speak with a lawyer in order to learn about the specifics of divorce, especially as it pertains to your situation.
Peggy Fleming
Peggy Fleming is one of the most promising young law writers of year. She adds a modern take to her pieces on various law topics, which she writes for the common reader. She enjoys playing tennis with her siblings during her free time.