Ending a marriage is never easy. The whole process from filing a case to fighting it and completing the required formalities can get overwhelming. And if you have children, the process can be even more complicated. Whether you and your spouse have or do not have an agreement on the division of assets, and sharing parenting responsibilities, there are certain things you need to know. This is where expert advice from divorce lawyers comes in. Top divorce lawyers in Media PA, can help you approach your case the right way. This blog will discuss things that qualified divorce lawyers can help make you understand.

Divorce Case Solution- Requirements

Depending on the region and state you belong to, you may be required to meet some basic requirements.

Residentship

There is a set of rules defined based on your area of residence under which your case will be governed. Only if you’re held eligible, can you take your case forward. In order to file a divorce from a particular region, you must have lived there for a minimum of six months. This is not uniform for all the states, as the term can vary depending on where you live. 

Are you separated?

You don’t necessarily have to separate from your spouse before you can file a divorce case. But this can be a requirement for some states, where a couple must be living apart for a certain period of time. For example, Virginia requires a one-year separation term before a couple with children can file for a divorce. The same is reduced to six months when there are no children involved. Furthermore, different states and courts may have different interpretations of the word separation.

Why do you want a divorce?

As mentioned, laws for divorce vary from one state to the other. The only thing that remains constant is stating grounds for divorce- the reason you are looking to file one. Your ground for a divorce can be no-fault and fault-based. 

A no-fault divorce leaves no chance for reconciliation and is less complicated to pursue. This is because you don’t have to prove that your spouse has done something wrong. 

On the other hand, a fault-based divorce requires you to prove your spouse’s fault. These cases can be contentious and would mean a higher legal fee, since arguing and other things are involved.

What are your rights when pursuing a Divorce Case?

In the United States, there are no specific rights that are associated with pursuing a divorce case. However, there are certain rights that individuals may have during the divorce process, depending on the laws of the state in which they live.

Some of the rights that individuals may have during the divorce process include:

The right to an attorney 

Both parties in a divorce have the right to retain their own legal counsel to represent them during the proceedings.

The right to a fair and equitable division of property

In most states, the assets and debts that were acquired during the marriage must be divided fairly and equitably between the two parties. This may not necessarily mean a 50-50 split, but rather a division that is deemed fair and reasonable based on the circumstances of the case. Experienced divorce lawyers can help you navigate through such cases easily.

The right to seek alimony

In some cases, one party may be entitled to receive financial support from the other party after the divorce. This is known as alimony or spousal support, and it is intended to help the recipient meet their financial needs after the divorce.

The right to seek child support

If the parties have children together, the court may order one party to pay child support to the other party to help cover the costs of raising the children.

The final word

It's important to note that the specific rights that individuals have during the divorce process can vary depending on the laws of the state in which they live. Also, a couple should ensure they meet all the requirements before they can even file a divorce case.

It's always a good idea to speak with Divorce Lawyers who are familiar with the laws in your state. This will help you have a better understanding of the entire process. LaMonaca Law is a preferred law firm that can help you put a solid case forward. Their team is comprised of some of the most experienced divorce lawyers in Media PA. Reach out to the team now!

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