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Divorce is the legal process of dissolving a marriage, which officially ends the legal union of spouses and allows each individual to remarry if they choose.
The grounds for divorce vary by jurisdiction, but common causes include:
Some states have no-fault divorce, which means there does not have to be a specific reason or proven fault.
The duration varies based on state laws, whether the divorce is contested or uncontested, and how complex the case is.
A divorce can range from a few months to multiple years.
Division of assets depends on whether the state follows community property or equitable distribution laws.
Community property allows all marital assets to be split 50/50, while equitable distribution ensures assets are allocated fairly but necessarily equally.
Child custody is decided based on the best interests of the child(ren). Determining factors may include physical custody (where the child lives), legal custody (who makes decisions for the child), and can also involve shared or sole custody arrangements.
Child support is calculated differently by state. Calculations typically take into consideration a number of factors, such as:
The court may have an established formula to determine support.
Spousal support, also known as alimony, is financial assistance provided by one spouse to another following a divorce.
The amount and whether alimony is awarded depends on several factors, including:
When preparing for a divorce, gather any relevant financial documents, assess your assets and debts, consider custodial arrangements, and seek legal advice. You may also want to establish a support system for emotional guidance.
An uncontested divorce is when both spouses agree on all major issues including asset division, child custody, and child/spousal support. This type of divorce is typically quicker, simpler, and more affordable than a contested divorce since there are no disputes to resolve.
Divorce can be complicated due to many different factors such as:
Complications can also arise when one spouse is uncooperative or if there are jurisdictional issues, such as one spouse living in a different state or country.
Located in Albuquerque, NM, Robert L. McIntyre, Esq specializes in complicated, high-asset, and uncontested divorce. Hands-on approach. Free initial phone consultation. Over 24 years of experience. Call today.
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