Getting More From a Divorce Settlement

The divorce process starts with a divorce request

When a married couple decides that they are going to end their marriage, there are many questions that they will have to ask themselves first. One of those questions will be how the divorce process works. There are many different aspects to how the divorce is handled depending on what kind of a marriage agreement was made in the beginning. The most important part of how the divorce is handled is the type of divorce that was chosen in the beginning.

The divorce request is written by either one spouse (the husband or the wife) and served to the other party. The request is then filed in the county in which the marriage took place, or in a state court if it was filed in that state.

divorce papers will be filed with the courts

There can be some variation in how the divorce is handled depending on the type of marriage agreement that was made at the time. Some states have a simple separation agreement that requires each spouse to separate from the other. If this is the case, then the divorce papers will be filed in the county that is where the separation agreement was entered into. However, there may be some variations with regards to how property is divided. This is another case where the divorce papers will be filed with the courts in the county in which the separation agreement was entered.

A separation agreement can include details as to what the property will be split between the two people, how the children will be raised, and who will pay for the spousal support. Another detail that is common among different states is the division of assets and liabilities. Assets can include retirement savings, investments, bank accounts, stocks, and other forms of capital. Liabilities consist of vehicles, houses, and other types of real property. Once the divorce is finalized, one spouse is legally required to pay all debts that were accrued during the marriage.

friends and family members to talk about your marriage

If you and your spouse cannot agree on terms of the divorce, then you might want to consider divorce mediation or collaborative family law. Divorce mediation is a process in which you and your spouse sit down and talk to a neutral third party. This person will listen to both of you and try to come up with an agreement that will be acceptable to both of you. If that does not work, then the judge will decide the outcome and you will either end up in divorce court or an uncontested divorce. If you are getting married again and this is the route you want to take, then you should look into collaborative family law. This is a process in which you would bring together some of your friends and family members to talk about your marriage and how it can be resolved.

If you do not live in a state that allows for a separation of assets and marital property, then you will need to take the property into consideration when dividing up the properties. Usually, in cases where there is no separation of assets, each spouse receives half of the marital property. This is usually the larger slice because the splitting up of the property is considered to be more of a personal matter than it is in other cases. The court uses an equitable distribution formula to determine who gets what. If you want to use an equitable distribution formula, then you will need to hire an experienced divorce attorney to help you with this part of the process.

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