Phillip C. Smith Attorney
at Law represents clients
in Terre Haute, IN in the areas
of criminal, dui, family
law, and general practice.

When you have legal
needs you know your in
good hands when
working with
Phillip C. Smith
Attorney at Law

2901 Ohio Blvd
Terre Haute, IN 47803

Phone: 812-244-0761

Fax: 812-232-9700

www.duilawyerlocator.com

Terre Haute Divorce Lawyer

Divorce : What is it?

Divorce is defined as the legal dissolution of a marriage. There are two types of divorce: absolute divorce and limited divorce. Issues associated with divorce include alimony, child custody, and child support. If you are looking for help with your divorce, choosing an experienced family lawyer is the first step.

Absolute Divorce

The most common form of divorce is legally termed absolute divorce. In this form of divorce, marriage is completely dissolved. Legal grounds for absolute divorce depend on individual state laws, but typically it can be granted on the basis of marital misconduct (at-fault) or because the couple simply cannot get along (no-fault). The distinction between at-fault divorce and no-fault divorce can have important consequences for the outcome of the legal proceedings.

At-Fault Divorce - This type of divorce occurs when one spouse sues for divorce due to the transgressions of the other. Grounds for at-fault divorce include cruelty (inflicting needless physical or emotional pain), adultery, abandonment, lengthy imprisonment, and inability or unwillingness to consummate marriage. Not all states offer at-fault divorce. In those that do, the spouse that can prove fault may be awarded a greater portion of community property or larger alimony payments.

No-Fault Divorce - This describes any divorce where the spouse filing for divorce is not required to prove misconduct on the part of the other partner. Suitable grounds for no-fault divorce include incompatibility and irreconcilable differences. All states offer no-fault divorce; however, some states require a separation period before divorce can be granted. No-fault divorces are still subject to legal battles over property distribution, child custody, child support, and alimony.

Limited Divorce

In certain situations where absolute divorce is not desired, limited divorce may be an alternative. Also known as legal separation, a limited divorce means that spouses no longer live together but remain married to each other. Some couples decide to legally separate on a trial basis to determine whether divorce is the best solution to their marital difficulties. In some states, couples are required to separate for months before a no-fault divorce can be granted. Undergoing a legal separation involves taking many of the steps required for absolute divorce. It is more common for those in troubled marriages to have an informal trial separation, but this requires some cooperation to create a suitable working arrangement.

For more specific divorce advice that applies to your situation, please contact a divorce lawyer today. The attorneys in our national network are experienced with divorce procedures and can help you get a fair settlement.

Annulment

In addition to divorce, there is another option for dissolving a marriage, which is to revoke it by annulment. Similar in some ways to a Catholic annulment, a legal annulment means that the marriage is determined not to have been valid in the first place. Therefore, the marriage is treated as if it never existed. Acceptable grounds for annulment vary by jurisdiction, but typically include:

Misrepresentation - One example of misrepresentation is lying about an existing marriage in order to enter into a new marriage (bigamy).

Concealment - Some possibilities of concealment include non-disclosure of a sexually transmitted disease, felony conviction, or drug addiction.

Non-Consummation of the Marriage - This refers to the refusal or inability of one party to engage in sexual intercourse with the other once married.

Misunderstanding - Examples of misunderstanding include one party thinking that the other wanted children when he or she did not.

Other Divorce Issues

Other issues associated with divorce law include property division, alimony, child custody, child support, and paternity. These topics are individually addressed on subsequent pages.

A divorce lawyer with our national network can provide excellent advice on divorce procedures and help you achieve the best possible settlement given your particular situation. If you are considering divorce, please contact an attorney for more information on divorce laws today.