Most Americans dread even thinking about the word "divorce." You can put it off for months
, even years, but when the time comes in to throw in the towel, and all else has failed, one most confront the subject as well as all of the legal complications that can arise from it.
Unfortunately there is no way to avoid the legal complications of divorce, although it is possible to minimize them. The first thing that a person who is planning to file for divorce needs to do is find out what their rights and obligations are. Although every state in the United States and every province in Canada, now has some sort of "no fault divorce" available the laws are still different in different areas.
Some states may require spouses to live apart for a period of time before they can get a divorce. Others may grant a couple a divorce - if they fill out the paperwork and pay a fee. Since the law is different in every state and province, a person will have to find what the law in their area says.
Children
Divorce laws and rules can be different if children are involved. In one spouse contests the custody (the legal right to the children) of the other a court battle can ensue. In some states there may also have to be legal settlements regarding child support - money to pay for the children's needs.
In most states legal issues concerning custody and child support will have to be settled by the courts. This can require a court hearing and court rulings usually from a family court.
Money and Property
Generally, a couple a can avoid legal disputes over money and property in a divorce by settling those issues themselves. If there is a disagreement over money or property the spouses can not settle themselves legal action can be necessary.
Something to keep in mind is that no-fault divorce laws generally don't address the disposal of money or property after divorce. They only make it possible for people to divorce without providing evidence to justify a divorce.
Generally the settlement of the money and property is left up to the divorcing couple. If the couple can't agree on a settlement one will generally be imposed by a family court judge.