Posts made in June, 2019

Why People Get Divorced

Posted by on Jun 20, 2019 in Family | 0 comments

Divorces can be messy. In fact, the overwhelming majority of most divorces are at least in some way painful to the parties seeking the divorce. And if the divorce includes litigation around child custody, it is likely that you will need a great lawyer to guide you through the process.

Without adequate representation, you will be thrust into a whirlwind of:

  • finances
  • paperwork
  • and emotional labor.

In California, however, these situations can become even more confusing. In California divorce law, there are two types of divorces: uncontested and contested. Contested divorces are what we typically associate when really dramatic or contentious issues are the reason behind a couple wanting to separate or end their marriage.

Additionally, contested issues are either contested because one of the parties does not agree to the conditions of the divorce (for example, how the husband wanting the divorce plans to separate the joint assets) or does not agree to the divorce more broadly and wants to work through issues.

Uncontested divorces are the exact opposite. They are divorce situations in which both parties agree to the need or desire to separate legally while also agreeing to the conditions of the divorce like custody and property arrangements.

Uncontested divorces still require a lawyer to truly make sure that everyone receives what they deserve from the arrangement. However, many uncontested divorces are settled out of court and do not have to involve contentious court cases, since both parties largely agree.

You should also know that a person can initially agree to an uncontested divorce but after development or disagreement in the process, can transition to a contested divorce. You can speak with your lawyer about your options to escalate the process and receive the arrangements you are entitled to!

However, as the Law Offices of Baden V. Mansfield explain, if you want to undergo a contested divorce, you will have to file specific reasons as to why you want to separate from your spouse. A qualified lawyer will be able to walk you through the reasons at a greater depth than I can, but I wanted to provide you with some brief information about the reasons why a contested divorce can be pursued:

Cruelty

As you can expect, if your spouse is abusive or cruel to you, these are grounds to pursue a contested divorce. Do remember that simple arguments or even your spouse being mean-spirited to you is not the same as cruel. Your lawyer will have to prove that arguments or interactions you have with your spouse make it so that being around or living with your spouse poses a threat to your mental and physical safety.

Abandonment

This reason is perhaps not the most surprising. If your spouse abandons you, then you have grounds for a contested divorce. Abandonment is seen as either the other spouse leaving the house without returning to live in it again for over a year, or by the spouse not being intimate with you under any circumstances.

This is such a sad situation but if you find yourself in something similar, then you can pursue justice by hiring a competent lawyer to guide you through the process.

Read More