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The decision to get a divorce is never a decision made under ideal conditions, but it can get even more complicated and stressful if you are not fully aware of the family laws that govern divorce, separation, child custody and all associated factors.
Go through the following brief but informative guide to make sure that the law works on your side.
Not All States Have the Same Divorce Laws
There are differences between states in regard to how family laws are implemented. For example, there are no requirements for the judge to provide couples with the mandatory cooling off period in a number of states such as New Mexico, Nevada, Montana, Georgia and New Hampshire to name a few.
On the other hand, most states from Idaho to California usually have a mandatory cooling off period before divorce proceedings can be finalized. However, how long that cooling period will be is dependent on the state concerned.
Common Residency and Separation Laws for a Divorce
In spite of the differences that exist between the state family laws, there are a number of similarities between them as well. Most states will accept the following as valid grounds for seeking a divorce:
- They (any one or both partners) must be a resident of that state to ask for a divorce from a local court
- Separation laws will give the couple some time away from each other to reconsider the divorce
Mutual Agreement is Ideal for Property Division
There are two options that couples have for property settlements, which are as follows:
- They can come to a mutual agreement
- They can contest the same in a court of law
Taking the second route is only recommended if the first cannot be achieved. Consider consulting with experts like the M. Sue Wilson Family Law Firm to have such sensitive, family matters handled with the care they deserve. Even if one has to go to court to contest the property division, having such an experienced a family law firm by your side is more likely to move the court in your favor.
Understanding the Rule of Complexities
Family law by itself is complex, but things become a lot more so when the following aspects are also factored in:
- Property disputes that involve complicated and often contradictory interpretations of state property laws
- Custodianship laws, when child custody is in dispute
- Debt ownership, when that is a factor
In spite of what it may seem to others, the final decision lies with the judge. This can at times, be a cause for concern. Judges presiding over divorce cases are expected to be unbiased, like they are supposed to be everywhere else, however, personal experiences and biases often do become a factor in determining the outcome when it comes to divorce.
This is all the more reason to have an experienced attorney by your side for helping you make the best of your situation, without being subjected to someone else’s biased opinions as best as possible.