It is never easy to dissolve a marriage. It’s an emotional and practical problem that requires serious contemplation. No matter what happens in your divorce, having knowledge at your fingertips can help you get through this chapter with poise and confidence. Let’s examine your options.
Two Divorce Paths
The two main legal options for divorce are fault and no fault. For a no-fault divorce, neither spouse must establish the other’s conduct. In a fault divorce, there has to be evidence of one spouse’s fault, i.e., adultery, abuse, or abandonment.
Though some states have no-fault divorces, some other states permit one to apply for fault divorces. Your situation and your state’s laws will determine what would be the best for you. Divorce matters can be intricate, so consultation with trusted family law attorneys will help outline your rights and lead to an equitable decision.
The Simple Path
Nowadays, most divorces are classified under no-fault, which makes sense. It’s faster, cheaper, and much less theatrical. Rather than blaming each other, both sides admit that the marriage is no longer working
This option works best when:
- Both spouses are on the same page.
- There’s no major dispute over assets or custody.
- You want to avoid a drawn-out court battle.
But “straightforward” does not equate to “painless.” Even in no-fault claims, emotions run high. That’s why knowledge of the legal procedures beforehand can make the process easier.
When Blame Matters
Sometimes, a no-fault approach isn’t enough, especially when one spouse’s actions have had serious consequences. In a fault-based divorce, one party has to prove wrongdoing, such as:
- Adultery
- Domestic violence or cruelty
- Abandonment
- Substance abuse issues
Why go this route? Sometimes, establishing fault affects alimony, custody, or division of assets. For instance, if your spouse spent the funds from your joint bank account on an affair, that would factor into the settlement.
But caveat emptor: fault divorces are more protracted and expensive since they require evidence, witnesses, and maybe a battle in court. It’s a hard way to go but could be worth it for other ex-couples.
What’s Right for You?
Not every couple who wants space goes straight for divorce. Legal separation is an alternative that allows couples to live apart while remaining legally married.
Why choose separation?
- Religious or personal beliefs – Divorce isn’t always an option for everyone.
- Financial reasons – Staying legally married can mean keeping certain benefits, like health insurance.
- Time to decide – Some couples use separation as a trial period before finalizing things.
Formal agreements on money, child custody, and other important matters are still necessary for a legal separation, though. It’s a legal arrangement with actual repercussions, not just “taking a break.”
Divorce Process: What to Expect
Divorce takes time to complete. Here’s a brief summary of what usually occurs:
- Putting in a Petition – One partner formally submits a divorce petition.
- Serving Papers – The other spouse must be legally notified.
- Response & Negotiation – Both sides work out issues like child custody, property division, and support.
- Court Approval – If both parties agree, a judge finalizes the divorce. If not, things may go to trial.
Some divorces wrap up in months, while contested ones can last for years. Either way, being prepared and having legal support makes all the difference.
Conclusion: Moving Forward with Confidence
Although going through a divorce is never easy, you may take charge of the process by being aware of your legal alternatives. The proper support system will facilitate the process, whether you pursue a fault-based or no-fault case. You will overcome this and emerge more vigorous if you have the correct attitude and the proper attorney.
Source: Easter & DeVore, Knoxville, TN
