Divorce Law: 3 Things You May Not Know About Ending Your Marriage

Posted on: 13 November 2014

Under most circumstances, you have no idea how a divorce works. You have no idea what the law states about divorce. This is specifically true for those who have never been through a divorce. There are always misconceptions regarding divorce and other aspects of the law. Here are three things that you should be aware of before you file for the dissolution of your marriage:

1. You Don't Need Your Spouse's Permission to File for Divorce.

Many people think that they have to have permission from their spouse in order to divorce them. However, this is not true. If your spouse says that he/she is unwilling to sign the divorce papers, then don't worry about it. You can still work with an attorney and file the paperwork at your local court. The process will begin and continue to play out.

2. Some States Require Waiting Periods Before Finalizing Your Divorce.

Depending on the state in which you live and are filing for divorce, you may have to wait a per-determined amount of time before the divorce can actually be finalized. For a no-fault divorce in Arkansas, for example, you and your spouse have to be separated for 18 months before a divorce can be finalized.

These waiting periods are designed to hopefully help couples save their marriage. However, this cannot always be done. Regardless, the waiting period is a law that you have to follow. No matter how badly you want your divorce to be over, you are simply going to have to wait for the mandatory time period set forth by your state.

3. Blame Won't Get You Anywhere in Most Cases.

Despite what you may believe, blame is not always a significant factor in determining your divorce settlement. For example, if your spouse cheated on you, it is not going to matter unless it somehow affected or could affect your kids' safety in the future. If you were physically abused or have evidence of your children being abused by your spouse, then "blame" may help your case. The court is there to determine the best interests of the children and/or to ensure that all marital assets are distributed appropriately.

Getting divorced can be scary, but it isn't the end of the world. It is in your best interest to make sure you have a competent divorce lawyer, such as from Kolker Law Offices PC, by your side from start to finish. The best attorneys are local, since they are familiar with the court, judges, and other attorneys. Most importantly, an experienced lawyer will help ensure that you get the divorce settlement that you rightfully deserve.