It is a decision in life that comes with legal, financial, and emotional complexity. We know at Najla Law Firm how scary the process may seem and are here to help you step by step with clear and confident action.
• Filing for divorce-the first step
The process for divorce begins when one spouse files a petition in the court that suits this purpose. It outlines basic information such as grounds for divorce, child custody requests, and division of assets. The other spouse should be formally served with a copy and given time to respond.
● No-Fault vs. Fault-Based Divorce
The majority of states allow no-fault divorces, where neither party is at fault, and the marriage is terminated due to irreconcilable differences. Other states also allow for a fault-based divorce, under certain conditions or grounds, such as adultery or cruelty, which may impact property settlement or spousal support.
● Property Division and Financial Considerations
Every state has community property laws (equal division of marital assets) or equitable distribution (fair but not necessarily equal division). The court will take into account how long the marriage lasted and the financial condition of each spouse in making a division of assets.
● Child Custody and Support: Preserving Your Rights
Custody decisions focus on the child’s best interests. Courts consider factors like parental stability, income, and living arrangements when awarding sole or joint custody. Child support is determined based on state guidelines and each parent’s financial contribution.
● Spousal Support (Alimony)
Under alimony, the scale of provision varies with the length of the marriage, earning capacity, and economic dependence of the other spouse. The courts are satisfied that the two parties leave the court and proceed to a stable life after separation.
● Mediation over Court Litigation
Many couples prefer to mediate and settle their disputes amicably rather than engaging in long and expensive court battles. However, if the parties cannot reach an agreement, then court litigation is inevitable, and a judge will have to make a final verdict in the case.
● Closing the Divorce
Once all matters are resolved, the court issues a final divorce decree. This is an official document stating the end of the marriage. All financial obligations, custody, and asset division are stated.
We at Najla Law Firm help you through this process with expertise and protect your interests. Whether it is legal representation or mediation, we help you through this trying time.
Seeking divorce legal advice? Call Najla Law Firm today for a consultation.
