If you’re someone who’s considering a divorce and are looking for clarification, this is the article for you — we’ll be discussing some of the most common misconceptions, as well as providing a few tips on how to jumpstart the process.Brother in law divorce sister. Right? That was the case in this recent Indiana case – though it’s not a typical example. It’s well known that divorce can be a painful process, but when it comes to children, parents and siblings often have different perspectives.
In this case, the parties’ parents agreed that they did not want their son to be raised by his father after he filed for divorce from his mother. As such, they created a legal agreement forbidding him from being around his father to avoid any potential animosity during the divorce. Divorce can be one of the scariest things that happens in life. It can lead to many different emotions — feeling elated one moment and despondent the next.
1. Your spouse can’t force you to stay married.
While many people think if they are legally married, there are laws that keep them together, this is unfortunately not true. The only thing that will keep couples in a marriage is their own desire to do so. To illustrate this point, consider the case of one of the parties in the Indiana case we mentioned above. Her husband was legally prohibited from being around her, but she decided to stop filing for divorce out of fear and remorse.
2. You don’t need a lawyer to get divorced – but you may want one!
You don’t need a lawyer to file for divorce in many cases, but it can help. No matter how amicable your divorce is, the courts will not be involved unless the spouses disagree on custody or property division. Regardless of whether your spouse agrees with your decision or not, he or she will be served with official papers pertaining to the divorce and can choose to contest it if they wish.
In some cases, this may delay the process significantly. If you don’t have a lawyer and your divorce involves custody or property, consider seeking one. You can visit FindLaw’s site to get a free consultation on your case.
3. You can always tell your spouse that you’re filing for divorce.
If you are thinking of getting divorced, try to put things in writing and consider sharing the contents of those letters with your spouse. This is not just a good idea because it will inform them of what the basis for their divorce is (i.e. you’re filing for one reason and they are filing for another), but it also provides them with a chance to change their mind about the divorce at that time. Note that, depending on your state laws, you may have to wait five or six months before you can file for divorce.
4. If you’re planning on filing for divorce, be prepared to deal with additional stress.
If you are thinking of getting a divorce and are planning on doing so without first consulting with a lawyer, then be prepared to deal with additional stress and drama in the weeks following your announcement. If you’re looking to avoid this stress and drama, talk with a lawyer first before taking any action that could cause harm to yourself or your family members.
5. Be prepared to deal with emotions that come with divorce.
Divorce, no matter what the circumstances are, can come with a significant amount of stress and emotion that may or may not be present in other instances of stressful life events. If you’re planning on filing for divorce and need assistance from a lawyer, then make sure you hire one who has experience handling sensitive situations.
6. You do get to choose between contested and uncontested divorce routes.
Contested divorce refers to a divorce where both spouses agree that they want the court to hear their case — this may be more desirable than an uncontested divorce, especially if any of the children are involved. These cases can get extremely messy and expensive, so it’s always best to avoid them if possible. If you do choose one of these routes, ensure that the agreement you reach with your spouse is in writing — this will help prevent future disputes and expenses from occurring.
7. Don’t be in a hurry about getting a divorce.
An uncontested divorce is the best way to go for many people because it can be resolved much more quickly than a contested divorce. If you are thinking about getting divorced in the near future, then consider waiting if you can. This will not only allow your emotions to calm down, but it’ll also help prevent spending time and money on a messy court process. Of course, some cases require a faster response than others — but don’t be in a rush to make any decisions that might backfire on you later on.
8. You do have rights even if you’re cohabitating with someone else outside of marriage.
If you are living with someone outside of marriage, then be aware that this does not give your spouse the right to authorize your child support, alimony or even a property division in the eyes of the law. This can make separating from an ex-partner difficult — but it is possible. If you need assistance from a lawyer during this time, then make sure you get one who understands how to handle situations like yours.
