Information About Divorces
- In a no-fault divorce, neither spouse legally blames the other for the breakdown of the marriage. Both parties agree that they have "irreconcilable differences" and that neither time nor marriage counseling can repair the breach. Some states require a period of legal separation before granting a no-fault divorce. This period can range from a few months to a full year.
- In many states, a spouse can request to receive a divorce on grounds of fault. In a fault divorce, one party blames the other for the failure of the marriage based on a legally sufficient ground. Most fault grounds include: adultery, cruelty (emotional and/or physical), abandonment, confinement in prison, insanity, impotence or drug or alcohol abuse. The advantage of having a fault divorce is that you do not have to comply with the state-mandated period of legal separation before getting divorced. Also, in certain states, the party adjudged not to be at-fault may receive a higher share of alimony or a larger share of the marital property.
- Divorces can be costly. According to bankrate.com, a retainer fee for a lawyer can cost between $500 and $10,000 as of 2010. The lawyer's expenses and fees are deducted from the retainer throughout the divorce process. If the lawyer's fees exceed the initial retainer, you will have to pay even more. If you are the sole breadwinner in a marriage, you may have to pay for your spouse's legal fees. Other fees to consider include court filing fees, process server fees and court fees (if the case goes to trial).
- One does not necessarily need a lawyer to get divorce. There are a growing number of "do-it-yourself" divorce kits available. These kits help a couple who are in full agreement about the terms of their divorce to draw up their own dissolution agreement, and file the appropriate documents in court. This route means a lot of legwork for the parties: you will have to consult with the county clerk and family law judge instead your lawyer. These kits are available online for a low price (see Resources for an example).
- According to Divorce Rate.com, it is untrue that 500 percent of all American marriages will end in divorce. This is merely a projection based upon current divorce statistics. The 50 percent number comes from calculating how many people marry and divorce in a given year. However, this is inaccurate because those people who are getting married are not necessarily the same people who are divorcing. A New York Times article reports that if social scientists think it more accurate to calculate how many people who have ever married subsequently divorced. If one calculates it this way, the divorce rate in the U.S. is about 41 percent.