Our wedding day is one that we look forward to years before it even happens. It is considered to be one of the happiest and most important times in our life and represents the start of a new chapter in our lives. Sadly however for many people ’till death do us part’ isn’t quite the reality that they get. For many married couples the bliss that comes with marriage, doesn’t last forever and for whatever reason there is a need for the marriage to come to an end via a divorce.
Going through the process of a divorce isn’t an easy time for either party involved. It is a highly emotional and trying time as well as being one that is tied up in laws and restrictions. Carrying on with a marriage that clearly isn’t working and that is causing unnecessary unhappiness can be far more destructive for the people involved than the effect of a divorce. The most important aspect when it comes to a divorce of course is whether a court should grant the divorce or not.
There are two main basic approaches to divorce, which are fault based and no fault based. The type of approach that is taken towards divorce depends on which state you live in. 49 states have adopted no fault divorce laws with grounds for divorce that include incompatibility, unsolvable differences and an irreversible breakdown of the marriage. No fault divorce is the main approach that is taken to divorce; however a fault based approach is also still used in certain states. A fault divorce can include aspects such as adultery or a complete breakdown of marriage. With a fault approach to divorce there is a general need to provide proof that demonstrates that the marriage has broken down beyond repair. It should be noted however that even if a state has adopted a no fault policy when it comes to divorce a court may still take into account the behavior of the parties when aspects such as property division, debts and child custody are considered.
The basic difference that determines what approach is being taken towards divorce is whether a state is liberal or conservative. It has been said that these divorce laws have made the divorce process simpler to attempt. Also the fact that every state follows its own laws when it comes to divorce it means that people do not deviate from state wise defined laws.
According to a statement released in 2005 it has been said that married couples now divorce two and a half times as often as adults did 20 years ago and four times as often as they did 50 years ago. It is estimated that between 40% and 60% of new marriages will eventually end in divorce. 20% of divorce is said to come from the first five years of marriage and 33% of marriage is said to end in divorce within the first 10 years.
There are numerous reasons as to why couples end up filing for divorce but whatever the reason is it is important that you have the correct help and guidance to get you through the divorce proceedings.