Before finalizing on taking a divorce every couple needs to sit down and question whether their marriage can be saved or not. The option of counseling is always possible for those who are struggling to communicate with each other, but when there are high levels of physical and mental abuse involved it only makes sense to opt for a separation. If they feel they have tried everything and there is no way their marriage can be salvaged then they should proceed forward with contacting a divorce lawyer and starting the paperwork for their case.
A person also has the option of going to civil court and asking for an injunction ‘or a restraining order’ If they have been subjected to domestic violence such as:
If domestic violence is not involved, then a person generally will not need to request a restraining order against their spouse, and they should be able to sort out the differences between each other on their own. If a couple is not able to come to an agreement, then they can escalate matters to court and let the judge make the decision for them.
If a person feels like the decision made by the judge was incorrect then they can appeal the decision providing the appeal is made in the proper timeframe. If a person waits too long, then there are high chances their requests will be ignored entirely. However, the court generally will not reverse the decision made by the original judge in most of the cases. The only exceptions are when there has been a mistake of law in making the decisions.
The appeal must be made within 30 days of the order or it will not be considered. When a person hires an attorney straight from the beginning of their case, they ascertain they will not miss essential deadlines and they also ascertain they are getting legal advice that will work in their favor throughout the entire process.
Going through a divorce is never easy and with the emotional pain that comes with the procedure, the last thing anyone needs to deal with is the legalities and paperwork, which in all due respect, can be very tedious and time-consuming. Just like coming out of any other contract it is essential that a person take all the steps necessary to defend their assets and minimize their liabilities after it has been dissolved.
The best way to prevent getting into a situation where a person is fighting for their assets is to make a prenuptial agreement beforehand. A prenup basically outlines the financial rights of both spouses and protects the assets of a person in the case of divorce. It is always best to have all of one’s bases covered straight from the beginning and even though a prenup may not be the most romantic way to start a marriage it is a lot safer.