Law & Legal & Attorney Divorce & marriage Law

Legal Rules for Divorce

    • Divorce proceedings can become complicated and costly.law courts image by Peter Helin from Fotolia.com

      Divorce legal proceedings vary among states, but there are general rules to qualify for a divorce. To qualify for a divorce, or a dissolution of marriage, a couple must first have a official certificate of marriage. This fact may seem obvious, but without it, divorce proceedings cannot continue and all assets would have to be divided through civil agreements, which could lead to expensive lawsuits and custody battles.

    Permissable Orders

    • In a divorce proceeding, the separation of property, ownership, and child support may be requested from each individual party and the court may grant a temporary order, pending final proceedings. In the proceeding, temporary custody and parenting time of children can be decided, along with payments of child support, costs and fees for attorneys and temporary use of possessions, such as cars, furniture, and property. Orders against a party from transferring, hiding, or disposing property are also allowed, along with exclusion of a party from access to property.

    Non-Permissable Orders

    • Temporary orders cannot deny a parent time with their child unless the court finds that the parent has caused physical or emotional harm to the child. Orders also cannot exclude parties from the family residence unless physical or emotional harm. Restraints preventing parties from committing domestic abuse can be implemented only after the court has been presented evidence of previous domestic abuse and an order of protection can be issued. Without these premises, a divorce agreement cannot contain restraining orders or orders of protection.

    Self Representation In Court

    • Most people choose to have an attorney represent them in court. An attorney will be familiar with the state laws regarding divorce and can greatly help in getting through the divorce process successfully. If the parties decide not to hire an attorney, the judge will work with the couple to assist in bringing resolution to the divorce. Those who choose self-representation in court must follow the same legal guidelines as attorneys, and are not given special conditions due to lack of legal expertise. If children or significant assets are involved it is always a good idea for each party to retain an attorney.

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