Although getting a divorce is not fun, if you know the stages and what to expect at least it can be less painful. Although the rules that apply to divorce proceedings vary from state to state, there are a few things that a couple should consider before they start proceedings and hire a divorce attorney in Boise Idaho. There are also best practices to follow during the proceedings should the divorce push through.
Step one; are you sure that a divorce is what you want? A large number of couples find themselves reconciling and re-marrying after a year or so, as a divorce is an expensive and time consuming process, now is the time to discuss the possibility of avoiding it altogether. In many cases, couples will go to marriage counseling or have a trial separation before divorce is pursued. A trial separation is a good first step but it must not be forgotten that the couple are still married as far as adultery is concerned.
If it appears that there is no hope and the solution is a divorce, step two is to determine which kind of divorce it will be. Your divorce attorney Boise Idaho area will point out the differences between no-fault and fault. A no-fault divorce is one where both parties agree to the divorce and consider the marriage as irrevocably broken down with no hope of reconciliation. In most states a petition for divorce can be filed immediately.
By contrast, a fault divorce is where one of the partners asks the judge to rule that the other partner was in some way at fault. It could be physical abuse or battery, emotional abuse, adultery or the inability to perform the sex act. In some cases filing for a fault divorce has its advantages. There are states where a no-fault divorce requires a trial separation where a fault divorce may be granted quickly; furthermore the partner in the marriage who is not at fault may be granted alimony or a larger share of the marital possessions. The trouble with a fault divorce is that they can get really messy and it may be necessary to bring out all the “dirty laundry” to be aired publicly.
