Pursuing Divorce

Personal Injury Attorney

When considering divorce, at some point, it will be necessary to gain guidance from a lawyer according to a divorce lawyer who is familiar in assisting couples in the process. Divorce is excruciating and often emotionally fueled, making the process of enduring divorce a challenging experience to undergo. Divorce is relatively common, and there are several reasons couples may choose to end their marriages with divorce; as our personal injury attorney can tell you, one such reason is that a spouse was injured due to no fault of their own, but the way in which they handle the injury can be cause for a separation. While deciding to divorce is incredibly challenging, the steps moving forward are complex. They can involve severe conflict as parties work to reach divorce agreements so that they can finally move forward. As professionals from Winfrey Law Firm, PLLC can share ,the divorce process varies depending on the state and whether it is a fault or no-fault state. When working with a lawyer, it’s possible to understand the process that lies ahead and assist in initiating the divorce process.

Most Common Reasons People Choose Divorce

Statistically speaking, divorce is, unfortunately, a common occurrence. In 2022, studies showed that the expected divorce rate is 44.2%. Despite the many reasons people choose to divorce, moving forward with the process can be challenging especially considering the life the couple once knew will change forever. Common reasons a marriage may end in divorce can include the following:

  • Infidelity
  • Financial Challenges
  • Substance Abuse
  • Constant Conflict or Disagreements
  • Parenting Disagreements
  • Lack of Intimacy
  • Communication Issues
  • +More

While some divorces can be reasonably amicable, others can be rife with tension and conflict, especially when two parties disagree. Regardless of the nature of the divorce, ending a relationship and moving forward can be both emotional and challenging.

No-Fault Vs. Fault Divorce States

No-fault states allow couples to divorce without providing a reason or blaming the other party. Currently, 17 states are considered pure no-fault states meaning that couples can only file for this type of divorce. The other states allow parties to pursue a fault-based divorce where they can provide a reason for it. Texas, for example, is a no-fault state, meaning the marriage is ending because of irreconcilable differences. No-fault divorce requires both parties to agree to a no-fault divorce when pursuing this process. However, it’s important to note that parties can also choose to pursue a fault divorce, a typical occurrence when one party does not agree with the divorce. In fault divorces, one party can allege that the marriage is ending because of the other person. Remember that fault divorces are often more contentious and a longer process to endure. Common grounds may include the following:

  • Domestic Violence
  • Felony Convictions
  • Infidelity
  • Abandonment
  • Mental Incapacity

While many cases are no-fault divorces, there may be specific reasons for choosing the fault divorce process. Despite this, it’s always best to move forward with guidance from a legal professional when considering the most appropriate course of action.

Preparing to Meet with a Lawyer

Divorce agreements are the most critical component to resolving divorce, and it will be essential to secure an experienced lawyer who can help protect their client’s interests throughout the process. Because of this, prospective clients should take the time to meet with qualified lawyers before taking action. When doing so, it will be necessary to carefully prepare for the meeting to make the most of the available time by keeping the following tips in mind:

  • A list of questions
  • Bring all pertinent information regarding assets, liabilities, financial information, etc.
  • Include a list of all assets acquired before the marriage, as well as community property
  • Tax returns
  • Any information if a business is shared
  • An outline of goals for child custody arrangements

As professionals will share, working with an experienced lawyer can be highly beneficial when it comes to navigating the divorce process.