Guest post by Alfred Jacobs who writes on behalf of Jarmanlaw about divorce laws, Oklahoma City family law attorneys, and more.
There are 50 states and the District of Columbia in the US. Each jurisdiction has a unique way of considering marriage and divorces. State divorce laws vary widely on the matter of dissolution of marriage bonds, child custody, visitation rights, support, property distribution and alimony. In almost all states, for the separation to be legal, it must be certified by a court. The path to a court decree may be through mutual, pre-agreed terms or a highly contested, acrimonious legal battle.
It helps to have a legal attorney by your side conversant with the specific state divorce laws applicable to your case and to where you are living and filing for divorce. Complicating the issue is the matter of child custody and visitation rights factored into the state divorce laws. State divorce laws of the state where you reside apply to divorce proceedings, not where you were married and there is a minimum residence time required as well, with each state specifying different periods. State divorce laws allow for divorce petitions on grounds of a fault, on no fault basis or mutual consent. Some states require a suitable time interval after separation before a divorce petition can be filed.
Should you proceed on grounds of a fault, on a no-fault basis or seek mutual consent for a divorce? Which method would yield the maximum benefit for you out of dissolution of the marriage and safeguard your interest as well as that of your children?
These are matters your attorney can help you decide based on his expertise, depth of knowledge of state divorce laws and the merits of your case. A caring, compassionate lawyer knows all that is involved in divorces and does his best to resolve differences in the first stage. That failing, he will get both parties together to arrive at a mutual understanding on the terms of separation and institute divorce proceedings only as a last resort should neither side be willing to compromise.