What Happens If Mutual Consent Is Not Present

Divorce Attorneys and Court Procedures - What Happens If Mutual Consent Is Not Present?

There are many reasons why a couple will seek a divorce, and no two are the same. In most cases though, one of the two parties wants out and may be less likely to attend court if they don't think they will win the case.

The legal system in this country is divided into two parts. One part deals with civil lawsuits and hearings, and the other deals with criminal actions and proceedings. Most cases involving the marriage state will center on one of the two segments of the system.

In the event of a divorce that is not an automatic result of mutual consent, there are ways to proceed with the divorce process. A person who wants a divorce in that situation must have access to competent counsel who can negotiate a divorce contract and take the divorce petition to court for them.

Another factor that affects whether or not a person seeking a divorce has mutual consent is the financial situation. Depending on the number of years in which you and your spouse have been married, that could mean either partner is likely to be receiving alimony, child support, or both. If the amount being paid to the other party is greater than what the couple earned during that time period, there is a good chance that the division of assets is going to be a fair one.

Financial considerations are key when a couple comes to the decision to file for divorce. Both parties will need to come up with financial data to prepare for the dissolution of their marriage. They must weigh the long-term future value of their assets and determine if they can be divided fairly.

If one party owns certain assets and does not want the other partner to possess them, then they must also determine what will happen to those assets upon the divorce proceeding. Can the other party to get them back once the divorce has taken place?

Even if a couple is able to successfully divide their assets, a third party may be involved and have a say in how the assets are split up. This is where the need for a skilled divorce attorney may be required. These lawyers will have expertise in dealing with divorce cases and working with judges to ensure that the rights of all parties are protected.

Without a qualified lawyer involved in a divorce case, the divorce case could end up in a court that is not equipped to handle the needs of both parties. When the parties are able to agree on a divorce settlement, they will sign documents stating that they are entering into a binding contract that assigns all of their assets to the other party upon divorce.

One of the most significant things that happens when the terms of a divorce contract are agreed upon is that a judge must accept it as valid and signed by all parties involved. If a judge finds that the contract has not been properly signed, the marriage cannot be dissolved and the divorce case must be considered invalid.

When the terms of a divorce case are agreed upon, the question of how to proceed from there is another story. Many people find that after the couple has finalized their divorce contract, they both move in to a new home and it is time to consider child custody. Divorce attorneys are trained to deal with these issues.

The law recognizes that for a number of years there were some marital problems that may have led to a change in the couple's expectations of what should happen after divorce. If a person feels like the marriage was doomed from the start, then there are steps that can be taken to prevent the divorce from occurring. A qualified and experienced divorce attorney can help these individuals understand their rights and work with the courts to avoid a divorce.

While divorce is more common today than in the past, it is still a very emotional issue for those involved in a marriage. Anyone who has had a close relationship with a loved one can relate to the emotions that go along with separating from that person. Divorce is a time when everyone involved is emotionally vulnerable and deserves the best representation possible.