Huntsville Utah 7 genius tips from divorce lawyers

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Introduction

Obtaining a divorce is almost always a difficult and complex process. This is especially compounded in the situation where the desire to divorce is not mutual between partners. In the event that one spouse wants a divorce but the other does not, is a divorce allowed? And how does the couple proceed? The answer to these questions depends largely on whether the couple lives in a "no-fault" divorce or a "fault" divorce state.

"No-Fault" vs. "Fault" Divorce

Each state's divorce laws will vary in terms of the requirements for filing a divorce. In general, the basic idea is that in a no-fault state, one spouse may file a divorce even if neither of the parties has committed a wrongdoing. In an "at-fault", or simply "fault" divorce state, the filing spouse must state specific reasons why the judge will grant a divorce decree. Here are some more features of no-fault and fault-based divorce options:

"No-Fault" Divorce: The main feature of no-fault divorce is that the filing spouse does not need to prove any "fault" or wrongdoing on behalf of either person. They need not show any breach of a marital contract or transgressions of the law. However, some states require the filing spouse to state that the couple is "no longer compatible" or has "irreconcilable differences". Also some states require that the couple be living apart for a certain period of months or years before they can file for no-fault divorce.

"Fault" Divorce: In this type of divorce, the spouse filing for divorce needs to show the other spouse was at fault in some way, either by breaching a marital contract or by certain actions, which may include:

  • Marital unfaithfulness (adultery)
  • Cruel treatment such as infliction of physical pain or emotional suffering
  • Deserting the other spouse for a period of time
  • Being imprisoned for a specified length of time
  • Inability to physically consummate the marriage (if not communicated beforehand).

As you can see, it is generally much easier to file for divorce in a no-fault state.

Please take note that even if divorce has been filed in a no-fault state, it is common for the non-consenting spouse to take actions to delay the divorce proceedings. For example, they may refuse to sign required documents or even move their locations in order to make it difficult to contact them. So, while one spouse may be free to file the divorce papers, obtaining the actual divorce can be a lengthy process in itself.

Residency Requirement and Contestations

Whether the divorce is being made in a fault or no-fault state, one common administrative requirement is that the spouse who files for the divorce must establish that they are a resident of the state where they are filing at. The place of residence can make a huge difference as to the outcome of the case, since no-fault states are less strict than fault states with regards to their divorce requirements.

In addition to delaying the divorce process, the non-consenting spouse may often have the option to contest the divorce. This is usually the case in an at-fault state rather than a no-fault state. If the contestation is done in a fault state, the non-consenting spouse will usually have to show that they did not breach the marital contract or that they did not do the actions that place them at fault (such as adultery or cruelty). Many no-fault states do not allow the other spouse to contest a divorce once it has been filed.

More Issues- Notification and Publications

Another common issue that arises in non-consent cases is the issue of notification. All states require that the filing spouse employ their best efforts to notify the other spouse that they are filing for divorce. This is done by officially serving them papers which include notifications of the divorce. This gives them a chance to respond if contestation is allowed.

However, as mentioned before, it can often be the case that the other spouse cannot be contacted. This may happen for a variety of reasons; for example, if the spouse has moved and cannot be located. In such cases the courts allow what is called "notification by publication".

Notification by publication is where the courts allow a spouse to notify the other party that they have filed for divorce through a local publishing company, usually in the "divorce" section of a newspaper. The person must place the ad in the newspaper stating that they have filed for divorce, and the other party usually must be named. The person filing is required to wait for a period such as 30 days for the other spouse to respond.

If the non-consenting party does not respond to the publication, the filing party then obtains a letter from the newspaper verifying that the ad was in fact posted for the required time. The letter is submitted to a judge, who then continues with the proceedings. If the other party still has not responded, the judge will issue a default judgment, which will be sent to the other spouse. In such cases, the non-contesting spouse is not entitled to contest the default judgment, and the divorce will be final.

Conclusion- Some Points to Remember

As you have seen, filing for divorce is possible even if the other spouse does not consent. If you believe that you will be filing for divorce, it is in your best interest to retain a lawyer, who can assist you in preparing the necessary documents for filing in a timely manner. To recap, here are some points to remember when consulting with your lawyer:

• The biggest factor in filing for divorce is whether your state is a no-fault or a fault state. Check to see what type of state you live in and if there are any other additional restrictions

• If you live in a no fault state, inquire whether your state requires a period of separation before obtaining a no-fault divorce. New York is an example of a state that has such a requirement.

• Regardless of what type of state you live in, filing must be made in your state of residency in a timely manner

• The other party must be properly notified in order to be given an opportunity to respond or contest the filing if this is allowed.

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Huntsville Utah divorce lawyer advice

Divorce Assistance - Making Your Friendship With Your Ex Spouse Better

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Divorce has become a common occurrence both in the United States and around the world. According to divorce statistics, it is estimated that between 40 percent and 50 percent of first marriages end in divorce in the United States. In some countries, divorce rates for first marriages exceed 50 percent. Second and third marriages in the United States have even higher divorce rates. According to statistics, second marriages fail at a rate of 60-67 percent, and third marriages fail at a rate of 73-74 percent.

Divorce statistics show that there are number of reasons why marriages fail. According to divorced couples, the number one reason that marriage fails is due to either a lack of communication or poor communication. The second most cited reason for divorce is martial conflicts and arguments. Thirdly, many divorced couples say infidelity led to divorce. While these are the primary reasons cited for divorce, statistics show that there are several underlying factors that contribute to these trends. These factors include, but are not limited to: age, education, income, religion, and cohabitation.

Age

Statistics show that those who get married in their mid to late-twenties are less likely to get divorced that those who marry at a younger age, and that this age group tends to be more satisfied in marriage than those couple who marry later in life. For divorced couples under the age of 20, the women are more likely to initiate the divorce; whereas for divorced couples over the age of 20, the men are more likely to initiate the divorce.

Education and Income

Education and income both play a role in divorce statistics. Data shows that a married couple with a higher education and a higher income is less likely to divorce than a couple with lower education and lower income.

Religion

While several religious denominations show a slightly lower divorce rate of 21-34 percent, other data suggests that those with no religious affiliation have a lower divorce rate than those with reported religious affiliations. It has also been suggested that pastors of local congregations, for various reasons, may not be aware of how many divorced couples are actually in, or have been part of, their congregations.

Cohabitation

Reports suggest that between 40 percent and 85 percent of couples who lived together before getting married had the marriage end in divorce.

Divorce statistics indicate that about one-fourth of adults in the United States have been divorced at least once in their lifetime. Characteristics of individuals that have a higher probability of divorce include:

o younger age at time of marriage
o lower education
o has children from a previous relationship
o cohabitation prior to marriage
o sexual activity prior to marriage

According to divorce statistics, it does not appear that only one factor contributes to a couple's decision to divorce. Although three primary reasons have been identified by divorced couples as the leading causes of divorce, it seems that underlying factors may contribute to these issues as well.

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