Divorce Basics 

 Divorce is never an ideal topic of discussion but if your marriage is headed in that direction you should at least know the basics. There is much more to divorce than just two spouses going their separate ways. Debts that the two of you accumulated will need to be paid and property that has been acquired will need to be divided in a fair manner.

A no-fault divorce can be done quite easily. In this type of situation the marriage can be terminated without any type of misconduct having been committed. If a divorce is being contested, which means that a spouse is fighting against the divorce, or there are disagreements, then you should have legal representation. Legal fees can be quite expensive. If you are unable to afford the legal fees, you can go to the local Legal Aid Department to apply for legal representation. For a small fee legal counsel can be obtained. Many times a paralegal will take the case at no cost to you. This may vary from state to state. 

In marriages that have produced children, the issues of child custody and visitation will need to be settled. The spouses should discuss the issue of custody if they can talk to each other on a mutually mature level. If animosity prevents them from discussing this subject logically, then there should be legal representation to arbitrate. Legal counsel may also be necessary in order to settle property disputes and disagreements over debts. A list of all debts should be made. 

Debts should be paid off before a divorce if possible. Paying off old debts before the divorce is complete, will also eliminate the possibility of future disagreements between spouses. Available assets can be liquidated if need be, to settle debts. A no-fault divorce can usually be final in a couple of months, although this may vary from state to state. 

If you and your spouse have children, then more than likely the biggest issue that you will have to deal with throughout the divorce procedures, will be child custody. There are different types of custody, such as primary, which is where the children live with one parent who is the primary caregiver but the other parent has rights to the children as well. Joint custody allows both parents to have equal rights regarding the children. Both parents will have the children living with them for equal but specified amounts of time. One parent can have legal and total custody while the other has visitation rights. Custody arrangements should be discussed among the divorcing spouses if they can reach an agreement amicably. If the parents are unable to reach an agreeable solution then the court will make a decision that both spouses will have to adhere to. Child custody can be made much simpler if the parents can work it out among themselves. 

Talk to your lawyer or legal aid department to make sure that you have all the facts regarding divorce, and any time restraints for your particular state. They can provide you with information regarding the settlement of custody, visitation rights, property ownership, debts, and any other questions or concerns that you may have. If you are unsure or anticipate any problems with your spouse regarding settlement issues, it may prove to be in your best interest if you do have legal representation. Even if you decide on a no-fault divorce, which is the most common method of dissolving the marriage bond, it still may be best to have a consultation with a lawyer or paralegal if you have any questions or concerns. They can answer your questions and advise you on any concerns that you may have.