Divorce is the end, the formal ending of a civil marriage by formal court order. Generally, when you get a divorce case in court, both lawyers and court personnel call it a civil case. The individual who initiates the divorce is commonly known as the plaintiff, and the individual who endorses the divorce is commonly called the attorney. In any divorce case, the individuals’ identities are never revealed publicly. To protect their identities, their real name will be mentioned in this article only.
Usually, one spouse files for divorce, while the other spouse remains neutral. In a few cases, both spouses agree to the divorce, and no legal proceedings are initiated. If you are in a situation where you must pick one spouse to initiate legal proceedings, it is important to consider your spouse’s strengths and weaknesses before making a final decision. If you believe your spouse has special needs, let your attorney know. In most instances, your attorney can determine which spouse will be better suited to serve as legal counsel for the case.
In some divorce cases, the spouses aren’t interested in pursuing an agreement regarding custody and child support. In these situations, the spouse initiating the divorce is known as the plaintiff and the other spouse (the accused) is known as the defendant. In this type of divorce, the spouses must decide on custody and child support. If one spouse refuses to cooperate with the other, a judge may award custody to the other parent.
In some divorce cases, there will be children involved. Your attorney can inform you if your spouse believes he or she is fit to care for the children. If so, your attorney can work with that spouse to establish the best interests of the child during a divorce proceeding. Once children are involved, an attorney may advise both parents to seek support from outside sources such as government benefits, welfare programs, etc. to provide for the children’s needs.
One final factor your divorce case involves is the filing and subsequent acceptance of the separation agreement by both spouses. Once the separation agreement is filed, a judge will review the document. In some instances, the judge will issue an order approving the separation agreement and stating that there is no requirement to change or adjust anything within the document. In other instances, the judge will require one spouse to file a motion disputing the terms of the separation agreement.
Each divorce case is unique and therefore you will have to discuss your circumstances with your attorney before making any final decisions regarding your divorce. This includes issues such as whether the proposed agreement would violate your state or federal laws. It is also important to determine whether the grounds for divorce are valid given your relationship with your spouse. Ultimately, it is up to you to make the decision about your divorce based on what is in your best interest as a parent, spouse, or child.