Friday, May 11, 2007

What Is A Fault Divorce?

There are many reasons for a divorce, and it may be the last choice made by many. In some cases, it can be a decision that is hard for both parties to agree on. They have tried all that they can but they cannot seem to make the marriage work. For this reason it is called a no fault divorce in the courtroom. For other divorces where one or both of the parties have done something to cause the need for divorce, it is referred to as a fault divorce.

A fault divorce may be granted when the proper grounds are there and at least one spouse asks that the divorce be granted on the grounds of fault. Not all states allow fault divorces. There are traditional reasons for fault divorces. Some of them include the following.

Cruelty to one of the spouses is another cause. This is when one spouse will inflict unnecessary emotional or physical pain on the other spouse. This is the most usual cause for divorce. Adultery is another. This is when one of the spouses has an affair on the other spouse. This is another very popular reason why people end up getting divorced with a fault decision.

Desertion can also be determined as a fault divorce. This is when one party leaves the other for a certain length of time. This usually means that one spouse moves out of the home and lives independently or with another person. They will leave the other spouse to live on their own and not want to be with that person anymore.

If a person is confined to prison for a certain number of years, this can mean grounds for divorce by the spouse that is free. They can determine that they want to end the marriage and start the necessary divorce proceedings. Another reason may be if one party has an inability to engage in sexual intercourse, as long as it was not disclosed before the marriage took place.

The reason to choose a fault divorce is because some people do not want to wait. They do not want to have a separation required by their state's law for fault divorce. In some states, a spouse who proves the other person is at fault, this may end up getting them a greater share of the marital property or more alimony. This is why the fault divorce is so popular these days.

Monday, May 07, 2007

How To Protect Yourself From Divorce

When you learn that you are going to be getting divorced, it may be have been coming for a long time or it may come as a complete surprise. Either way, there are certain things that you can do for yourself, your children, and your finances. This does not mean that you have to take all of your bank accounts and all that you have and wipe them out.

You have to take the responsible interests throughout the marriage so that you can protect yourself and all that you before and after if the marriage ever dissolves. There are ways that you can act reasonably while you are protecting your interests. These are only precautions that you will need to take care of if the divorce is not being ended amicably.

Depending on how well you and your spouse can get along at the time of the divorce, you may choose not to act on some of the suggestions that are given. You may decide that you and your spouse can work arrangements for everything without arguing. Whenever possible, try and make everything go as well and as easy as you can.

You should always get an attorney when you are heading towards divorce. They will make sure that you are taking the necessary precautions so that you can protect what you have and all the assets you have accumulated during the marriage.

Try and protect all of your own personal property that you have accumulated over the years. You need to move papers and documents so that you are the only one that knows where they are. If you must present them at a court hearing then you must do so. However, you need to make sure that you can keep all of your valuables safe so that you have a better chance at keeping them throughout the divorce.

Once of the best things that you can do before you decide to get married, is make sure that you know the person. Get to know them for a long period before you decide to take the big step into marriage. You have to be able trust so that you can feel good about marrying them. Have a long engagement so that you can see if the person changes any. If so, you may want to get out of the relationship before you decide to marry. This could be the best thing for both of you.

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