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Essential Things To Know About the Divorce Law

Divorce cases are not new occurrences for the 21st century. It’s been happening for a long time and continues to do so. When two people decide to part ways, there are a lot of factors which come in their way for the process to be fulfilled. Although we are hoping that you may never enter into a situation like this, here are specific points to be noted just in case.

The Prerequisites

Prerequisites

One of the most important things for a divorce are the prerequisites. Since both the partners have spent time together and have shared custody of all the items, managing and deciding all matters separately is vital. This is one of the main reasons why certain divorce cases take time to process and complete. At such situations, the court always requests couples to take matters into their own hands and only approach the court if they failed to reach a conclusion. If the couple has children or if one requires to support the other, then concepts like parenting plan and finance should be taken care of.

Residency Formalities

Most of the states throughout the country require a waiting period for the matter to process as one cannot get a divorce overnight. There are exceptions for states like Illinois provided the partners are legal residents of the state, and either one of them should have remained in the state for 90 days. If all things and matters are processed quickly, then the entire procedure can be sorted swiftly. Otherwise, a waiting period of 2-3 months is mandatory.

 

Visitation and Custody

A lot of divorce cases consume time to be completed due to these two terms. In situations like this, both the lawyers need to draft a plan which will provide for the benefit of the children involved in the divorce. Their interests must be considered and planned accordingly. To decide whom the child will be leaving with, both the lawyers need to take the mental health and well being of the children into consideration. After this, both parties can come to a conclusion which talks about the one who will be visiting and the one who will be staying.

Assets or Properties

Divorce laws around the country deem that all the assets and properties be divided equally between the partners. But these matters also have certain interrelated concepts which need to be adjusted. For example, gifts which were given to a particular party will remain in the hands of the receiver, whereas properties obtained during the course of the marriage will be up for grabs on the basis of equality. All other assets will be based on the need of either of the parties.

 

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