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by: JayAnderson
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It is rare that people go from being a happily married couple to being opponents in a divorce court, but if you are considering divorce, it is clearly in your best interests to know how divorce law works and what it can mean for you. Without an understanding of the law, you are relying on word of mouth, which may or may not be accurate and can leave you in a worse situation than you are now if you follow the wrong advice.

First of all, be aware that divorce law varies from state to state. The same couple divorcing in one state may be mandated with vast differences in the separation of assets than what would be granted in a different state. Also be aware that in most cases, you need to file for divorce in the state in which you reside, so you cannot go to another state just because they have divorce law that favors you more.

Next, you need to know what to expect. It is becoming more and more common to have a no-fault divorce, sometimes also referred to as an uncontested divorce. In this type of situation, both spouses agree that a divorce is best for them and there is typically little or no difference of opinion as far as the split of assets that are jointly owned. If there are no kids involved, this is usually the easiest way to do it. In fact with this method, the use of a divorce lawyer may not be necessary, or if it is, their services will be very minimal.

Some states require a separation period before a divorce will be granted. Some people refer to this as being a test divorce. The couple usually lives apart from each other and do not have any interaction with each other's day to day work or life so that they can see how it is without having each other around. It is surprising to note how many couples discover via this "test divorce" that they really do not want a divorce, and are very suddenly more willing to accommodate the other in terms of the differences they had in the past.

If a divorce is something called "at-fault," one of the spouses has usually done something that is considered a "breach" of the marital agreement, such as infidelity, cruelty, or abandonment. "Cruelty" can be construed as either physical abuse, or can be emotional or verbal abuse as well. Depending on your state of residence, this type of divorce might not require that you have a separation.

If both spouses are guilty of some type of marital contract breech, then a principle known as "comparison rectitude" is implemented. This is designed to determine which of the two guilty parties is guiltier. This is often difficult to prove, since more than accusation is required. However, the outcome can significantly impact how property and assets are divided.

If you are facing divorce as a possibility, make sure that you know divorce law in general and in your state. Even if your situation is difficult at present, going through a divorce in the wrong way could put you in an even worse situation. If you know the law and what you can expect, you'll be much more prepared for what is to come.

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For more information and additional insights about Divorce Law please visit our web site at http://www.my-divorce-guide.com

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