Business, Legal & Accounting Glossary
Divorce and family laws vary from state to state and the information provided here is a general overview. Please consult a family or divorce lawyer or attorney in your state for professional law help. A Divorce is a lawsuit filed by one spouse against the other. The Complaint for Divorce must include “grounds” which, in 95% of all cases, is “incompatibility.” This term is used to include any and all marital problems which caused the breakup. The Divorce method is used when the parties cannot agree on one or more issues, whether child custody, visitation, property division, or support (child support or spousal support).
A Divorce Agreement is the Same as an Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement, or A legally enforceable, spousal contract settling all matters. It is generally not referred to as a “divorce agreement” since only the court can grant a divorce. If the parties fail to reach an agreement, the case goes to trial, and the court’s decision and judgment are substituted. Court’s judgments are modifiable based on a “material change in circumstances.” An agreement may be either modifiable or unmodifiable (“surviving”).
Typically, these agreements settle issues relating to:
The court’s final judgment after the expiration of the interlocutory or judgment nisi (waiting) period. Upon this date, you are legally divorced and can remarry. Generally, the final decree occurs automatically upon termination of the waiting period. Additional court filings and appearances are usually not required.
Find a Divorce Lawyer, Attorney, or Law Firm to help with your divorce law case. Divorce lawyers usually specialize in divorce law litigation and nothing else, which gives them exceptional experience with divorce legal procedures, case history, and anything else related to divorce law that a divorce attorney should know. A divorce attorney lawyer will require fees upfront but you will be much better off than if you proceeded without a divorce attorney. This will allow you to focus on your divorce issues and take care of your health, home, and job knowing you have an experienced divorce lawyer on your side.
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This glossary post was last updated: 22nd November, 2021 | 0 Views.