Going through a divorce can be a difficult time. There are so many life altering decisions that must be made. Someone may have to leave their home or share custody of their children. That is why legal representation is so important in a divorce. The parties’ rights must be protected when severing the marital contract.
A party must be a resident of the state where they live in order to file for divorce. Legal residency requirements vary from state to state. However, it is usually based on living in the state for a certain period of time. In addition, a divorce must be filed on certain grounds. Grounds include adultery, abandonment, and irreconcilable differences. Most divorces are filed on the grounds of irreconcilable differences. This means the parties cannot get along for whatever reason. Divorce lawyers in Biloxi, MS, advise parties that using irreconcilable differences, is a no-fault divorce. The Holder law group provides aggressive representation in the Gulfport-Biloxi area.
A divorce may be uncontested or contested. In an uncontested divorce, the parties agree on all the terms of dissolving their marriage. This includes custody, child support, property division and alimony. In a contested divorce, the parties do not agree on how to settle the issues between them, or one party may not want the divorce. The Divorce Lawyers in Biloxi, MS, advise that contested divorces are usually decided by a judge.
Perhaps the most difficult decision in a contested divorce is who gets custody of the children. Judges use the standard of what is in the best interests of the children to determine custody. Judges do not like forcing change on children. If one parent stays in the marital residence, he or she may have an easier chance to gain custody. Judges urge parents to put aside their wishes, and make an agreement on issues related to the children. Some states allow the judge to consider the child’s preference when determining custody. If parents work together to resolve their divorce, they have a good chance of getting some things they want. Many states require parents to mediate their differences before granting a divorce.
