Divorce Lawsuit

Divorce can be a difficult process to go through, but working with one of our affordable divorce attorneys can help you get a fresh start in life.

At All Lawsuit Expert, we understand that divorce can be a major life change, and we want to help guide you through this process by connecting you to our network of law firms that specialize in family law.

Settlement agreements are the most commonly used method to end divorces instead of a trial, as trials can be demanding, expensive, and time-consuming.

Our divorce attorneys can help you negotiate a settlement agreement that works for both parties, and this agreement can be reached soon after the divorce petition is filed, just before the trial, or at any time in between.

The length of time it takes for a court to grant a divorce varies depending on the method used. Going through the legal system can take anywhere from three months to over a year, involving the submission of pleadings, arguments, and responses. However, some people may choose an uncontested divorce, which only requires a few signatures, making it the fastest option.

Legal separation is also a method of obtaining a divorce in the United States. This occurs when one spouse, the one who is suing for divorce, lives separately from the other spouse, the spouse who is being sued for divorce, without actually divorcing them. If the court rules that the marriage has ended and the parties are legally divorced, the spouses are legally regarded as having a divorce.

Divorce can have significant financial repercussions, including alimony, child support, and property division, which can lead to increased debt or a doubled-up mortgage. It can also be triggered by the primary provider losing their job.

Each state has its own set of legal requirements for divorce, but there are only three legal reasons for divorce: no-fault, fault-based, and least-fault. No-fault divorce is the most common, allowing one partner to dissolve the union without giving a reason. Fault-based divorce enables one person to take full responsibility for their marital problems, and least-fault divorce occurs when one spouse commits a less significant act of fault or files for divorce against the other spouse.

Federal legislation has been enacted since the 1980s that affects the duties and rights of divorced spouses, such as federal welfare reform requiring all 50 states to create child support criteria. Additionally, the Employee Retirement Income Security Act (ERISA) allows qualified retirement savings to be divided between divorcing couples. Alimony is not taxable income according to the guidelines established by the IRS, and under federal law, debts for alimony and child support cannot be discharged in bankruptcy. An ex-spouse can continue to have health insurance through COBRA.