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Find the Right Lawyer for Your Legal Needs in Divorce
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A legal separation is a court order that mandates the legal rights and duties of a married couple while they are living apart. A divorce is the legal end of a marriage. There are advantages and disadvantages to both. There are many things to consider when contemplating legal separation vs. a divorce, including:
- Health care and other benefits
- Marital status
- Debts and liabilities
- Property rights and division
- Decision making
- Spousal support
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The divorce process can vary, according to the state you live in and the specific circumstances for seeking a divorce. Some general steps that are commonly included in the divorce process are:
- Consultation with an attorney
- Determining grounds for divorce
- Preparation and filing of divorce petition
- Negotiation and settlement
- Court proceedings and hearings
- Finalizing the divorce
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The legal theory underlying annulment is that the marriage was never valid to begin with, meaning that the marriage never existed in the eyes of the law. In legal terms, marriages subject to annulment are classified as "void" or "voidable," and are sometimes called "nullified" marriages. Annulment is distinct from divorce in that a divorce terminates a previously valid marriage.
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There are several legal implications individuals should examine when considering divorce. While state laws and individual circumstances vary, common areas to be aware of are:
- Division of assets and debts
- Spousal support
- Child custody and support
- Tax considerations
- Insurance coverage
- Estate planning
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The division of marital property after a divorce will generally depend on whether or not you live in a community property state. The best way to determine whether your state is a community property state is to talk to a local attorney who can tell you what the law is and who can help you understand how that affects your situation.
Community property states consider nearly all property obtained after the marriage as equally owned by both spouses. As a result, the property will generally be equally split after the divorce. Absent community property statutes, it's typically up to the court to divide marital property between both parties. In either case, courts will normally accept a property division agreement if the spouses can create their own.
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