What is a Divorce?

For some people marriage is forever.  It is a happy time and full of love and devotion between two people.  But what happens if the love and devotion has lost its luster?  What does a couple do if they do not feel the same way about each other as they used to?  There are a few options for a couple whose marriage has seen better days.  Marriage counseling is one option; a brief separation to sort out their feelings is another option.  The third and most decisive option is divorce.  For couples who decide that divorce is the only solution, there are many questions that need to be asked and answered so that they know they are making the correct decision.  Questions such as:

• What is the legal definition of a divorce?
• What does a divorce involve?
• What is the first step to take in applying for a divorce?
• Do I need to engage an attorney?

What is the legal definition of a divorce?

A divorce is described as the termination of a relationship between married couples.  It will also be described as the dissolution of a partnership and occurs when a marriage ends before either spouse has passed away.

What does a divorce involve?

Filing for a divorce will depend on the laws of the state you reside in.  You also need keep in mind that there will be issues particular to your divorce; therefore the steps you take will be different from somebody else's.  You and your spouse may be able to agree on distribution of assets and issues to do with children without having to go to court.  If this does not happen, a petition to the court requesting a divorce will be needed.

What is the first step to take in applying for a divorce?

This will depend on the state you reside in because not all state laws are the same.  Generally a legal separation is considered the first step.  If your state laws do not allow for legal separation, the engagement of an attorney is recommended for the protection of both parties and the assets to be divided.

Do I need to engage an attorney?

It is not always necessary to engage an attorney to get a divorce.  Your decision will depend on your circumstances, especially if there are children and assets to be decided upon.  An attorney will take a lot of the legal process out of your hands and they are only able to represent one of the petitioning spouses.

Divorce can be complicated or easy.  A marriage that has not lasted for very long will be easier to dissolve, usually because there are no children to consider and the assets in the marriage are few.  Where it gets complicated is if there are children, the marriage has lasted for a number of years and the assets are owned by both spouses with no delineation of ownership.  If you are considering divorce as the solution to your marriage problems, you need to know what is involved before taking that big step.