Jon Arnold asked:

The total number of reasons for a divorce between two people who said "I do" awhile back are too numerous to count. The courts and the state would prefer that they try to work things out, which is one of the reasons that marriage counseling services are made available at minimal cost or even for free in many places. A marriage is also a legal entity, so the courts would prefer that the couple stay married, although it is well known that often this is not possible or desirable.

In the case of a fault divorce, one or both of the partners have done something that is the grounds for requesting the divorce. In other words, it is the "fault" of the other. For whatever reason, things cannot be worked out between the two parties and they have determined that divorce is their best option. This is contrasted with a no-fault divorce, where both couples agree that the marriage is just not working for whatever reason, and both parties agree that a divorce is the right thing to do. In best case, this is also sometimes known as an uncontested divorce.

Since divorce law varies widely from state to state, not all states recognize or allow a fault divorce. Some states also require the couple to participate in multiple sessions of marriage counseling services before they will move forward with the divorce.

There are many things which can contribute to a fault divorce. One of the more common things is the cruelty of one of the partners to the other. This happens when one partners inflicts pain on the other. This is not limited to physical pain or abuse, which is an entirely separate matter since that gets into legal jurisdiction with the police. But it can be unnecessary emotional pain to the other. Constant yelling, name calling, and verbal abuse are all forms of this type of fault.

Another very common reason for a fault divorce is adultery, where one partner has an affair with another person. This situation can get sticky, because if the person being cheated on is aware of it for a time and does nothing about it, then the fault divorce case could contend that the partner actually condoned the affair, so if you are in this particular situation, be aware of the legal arguments that could be brought against your fault divorce claim.

Desertion or abandonment is another reason for fault divorce. This is where one partner just moves out and goes to live elsewhere, perhaps with another person and perhaps on their own. They just do not want to be with their original partner any more. This is certainly grounds for a fault divorce. This is similar to a situation where one partner is put into prison for a number of years.

The reason for proving fault in a divorce is that one partner may end up getting a greater share when assets are divided, but again this varies by state, and proof of the alleged fault will need to be obtained and presented.

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David Beart asked:

Dissolving a marriage is never easy, but understanding the process can certainly help you to feel more informed. The actual degree of complexity of divorce will usually depend upon how much money and property is involved as well as whether there are children from the marriage.

First, it should be understood that there are two types of divorces. They are fault and no-fault. Prior to the 1970s most divorces were granted on a fault basis, with one spouse being found at fault of the failure of the marriage due to adultery, etc. The other spouse was then awarded the divorce on those grounds. The no-fault divorce movement grew out of couples who wished to dissolve the marriage but not place blame on one another. Under a no-fault divorce, there is no need to find fault on the part of either spouse. Through this type of divorce, the couple may agree to divorce by mutual consent. In situations where a fault divorce is granted, the issues involve may be considered in regards to child support, child custody and spousal support.

Grounds for a divorce may also be contested or uncontested. When a divorce is uncontested, both spouses agree to the divorce as well as all other issues such as child custody and property division. In this situation a property settlement agreement is reached prior to the final divorce degree. If both spouses agree on all issues, it may not even be necessary to have a lawyer prepare the settlement agreement. In the event there is some disagreement, mediation may be necessary to settle those matters.

When there is significant disagreement regarding certain issues, such as property division or child custody, each spouse typically hires a lawyer to represent them regarding the settlement negotiation. When the issues cannot be decided out of court, then the divorce is said to be contested. Contested divorces typically take much longer than uncontested divorces. A process called discovery begins the contested divorce process. The discovery process involves either mandatory or voluntary delivery of information that is needed to prepare the case of each spouse. The type of information that is typically involved includes tax and financial records.

Most judges will commonly order both spouses as well as their lawyers to meet on several occasions prior to trail in order to reach an out of court agreement. If this is not possible, then a trial will take place. Both sides have a chance to testify as well as respond to allegations, present witnesses and cross-examine the witnesses of the other side. Expert witnesses may also be called upon, including child psychologists, property appraisers, etc. At the conclusion of the trial, the judge will make a final decision regarding division of property, spousal support, child custody and child support.

The division of property will typically be based on several factors. Courts are required to adhere to state law regarding the division of property between spouses. In states which are community property states, the court must divide marital property equally between spouses. Marital property includes all property as well as income that is acquired during the marriage. Property that was brought into the marriage by one or the other spouse is not included. In addition, any property that was given as a gift to one spouse only is not divided. Community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

All courts are required to take the best interest of the child into consideration when determining child custody. A variety of factors may apply, including the child's wishes, who has been the primary caretaker of the child in the past, the quality of the parent-child relationship, the physical and mental health of the parent and the child, etc.

Generally, the parent that does not receive custody will be ordered to pay a child support amount that is set by the court. A standard schedule is usually utilized for determining the amount of child support.

Do-it-yourself divorces can be utilized in instances where the divorce is uncontested and there are no serious issues such as property division or child custody to consider. These types of divorces are usually utilized when the couple has not been married very long and there is no property or children involved.

It should be considered that in some states a specified period of legal separation must be met before the court will issue a decree of divorce. This amount of time ranges from state to state and may be anywhere from six months up to three years.

Understanding the requirements for divorce as it applies to your specific situation and state can make the process of getting divorced a bit easier to endure. It is always a good idea to seek out professional legal advice from an attorney specializing in divorce and family law when you are considering a divorce or a legal separation.

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Tyra Smith asked:

When a marriage is on the rocks, some couples are quick to call it quits while others hang on for several years hoping things will improve. Sometimes the situation does improve and couples are able to mend the wounds caused when things weren't going well in the marriage. Other times, they were better off ending things instead of holding on for years when things didn't improve. In either case, a marriage is a very personal thing and only the spouses can truly know the correct action to take.

It is up to the spouses to determine when to file for a San Bernardino county divorce. Many spouses choose to seek the advice of a professional counselor to help determine if they should file for a San Bernardino county divorce. No matter how spouses come to the final decision, there are many processes that they must go through once they decide that their marriage is irreparable and this is where family law can help.

A San Bernardino county divorce is a large undertaking that spouses will need to prepare for. Legal professionals are equipped with the knowledge and experience to guide spouses through the process and achieve a satisfactory end result.

One of the major undertakings of a San Bernardino county divorce is the division of marital assets. San Bernardino county divorce is done using community property laws, meaning that in a divorce settlement, all property the couple acquired during marriage is divided in half. Almost everything spouses obtain during marriage is considered marital property: the home, vehicles, and non-tangible things such as retirement benefits and debt. Assets that existed prior to the marriage then usually remain with the respective spouse.

Confusion arises in some areas of the division of marital assets though, such as what happens to marital property and prior property that was mixed during marriage. Another gray area is with property that was acquired by the couple using both marital funds and separate funds. Arguments often arise from the confusion of these mixed marital assets-who paid more for this and who deserves that can be a never ending battle without the help of a third party.

Family law can ease couples' burdens in the exhausting task of the division of marital assets. They are legal professionals who mediate the division process and sort through these complex issues to work towards a fair settlement. The more spouses know about San Bernardino divorce laws and the more support they receive from a family law professional, the better.

Another major undertaking of a divorce occurs when the couple has children and child custody needs to be determined. Child custody battles can turn into bitter quickly when spouses disagree because they feel they have the best interests of the children in mind. Legal professionals can help in this situation as well, not only to help a spouse gain child custody but also to reach an agreement with the true best interests of the children.

The break-up of a marriage can be an exhausting undertaking. It is up to the spouses to determine when it is the right time for them to end their marriage and file for a divorce.

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