by Christine Howard | Jun 22, 2020 | Divorce
Divorce is a difficult process to go through. One thing that makes it even more difficult is figuring out what type of divorce you need to file for. You have two options, fault or no-fault. You might be wondering, what is the difference between the two? How do I know which one applies to me? The distinctions are pretty simple. Reasons for fault divorce include infidelity, desertion, drug or alcohol addiction, and many others. The distinguishing factor for a fault divorce is that one spouse is at fault for the divorce. But in a no-fault divorce, the feeling is basically mutual. There are three situations that are eligible for no-fault divorce.
1. Irreconcilable Differences
This is one of the most common reasons for no-fault divorce. Irreconcilable differences are sighted when the couple decides that they are no longer compatible with each other. There may be many reasons as to why that is. Most couples who file for divorce under this claim are people who can no longer agree on anything. They have tried basically everything to save their marriage, but nothing has worked. The only option left is divorce.
2. Incompatibility
Another reason for no-fault divorce is incompatibility. Incompatibility literally means that the couple no longer feels compatible with each other. The grounds for divorce are plain and simple. The couple does not feel like they are able to live together anymore. When this happens, the divorce proceedings are fairly easy. The courts are not interested in why the marriage is ending. All they care about is that it is over. No one is at fault here, so the proceedings can continue without much issue or court time.
3. Irretrievable Breakdown
The last reason for no-fault divorce is irretrievable breakdown. In this instance, both parties are admitting that the marriage is ending. There is no hope of it being salvaged. The couple has no options left other than to separate. Through this method, divorcing couples can quickly complete the process of divorce due to the short amount of court time that they will have to take part in.
Similarities
All three of these methods qualify as forms of no-fault divorce. So, what do they all have in common? All three are not concerned with who did what. That’s why they are referred to as reasons for no-fault divorce. There is no proof of any form of wrongdoing like what would be found in a fault divorce. Neither spouse cheated on the other or abused the other. There was no history of a harmful addiction or any mental illness. Instead, both spouses have mutually agreed, for whatever reason, that it is time to end this chapter in their lives and go their separate ways.
While no divorce is ever a fantastic thing, they are sometimes unavoidable. Choosing to separate through a no-fault divorce can make the entire process a bit easier because the reasons for separating are mutual. There is less of a chance of a major fight in court. If you or someone you know is considering a no-fault divorce, but might not know how to start, feel free to contact Christine Howard. Christine and her team of attorneys frequently deal with these cases and would be happy to answer any questions you may have. If you would like to get in touch, call (864) 282-8575 or email at info@christinehoward.com.
by Christine Howard | Jun 15, 2020 | Divorce
Divorce is a difficult process to go through. The divorcing couple is having a realization that their lives as they knew them are over. Not only are the upcoming legal aspects going to be frustrating, but the each spouse is also suddenly single again. Singleness can be hard to deal with, especially if a person has been with someone for a long time. But sudden singleness should not propel a person into the dating sphere immediately after separation. Instead, recently separated people should take time to consider how dating so soon after splitting might impact their divorce.
Potential for Adultery
Starting to date right after a separation is filed could lead to some undesirable consequences. This is not to say that a person cannot date during separation, there are just a few things to keep in mind before doing so. Firstly, the entire divorce process could take a hit. By beginning to date during the separation period, a person could potentially be accused of adultery. This accusation can lead to a turn in the divorce. For instance, if the divorce was originally no-fault, then it be moved to a fault divorce. According to South Carolina law, adultery is defined as “marital misconduct.” So even if the person is not sleeping with the one they are dating, the argument could be made that infidelity is still happening.
Alimony and Division of Assets
Another impact that dating during separation could have on divorce is through alimony and division of assets. Any type of adultery during the separation period could result in an undesirable outcome regarding alimony payments. According to South Carolina law, spouses are unable to receive support from the other if there is an instance of adultery. Specifically, if it is done before the signing of the formal property agreement or a permanent order of property agreement. In this case, the offending party can be barred from receiving alimony payments.
Division of property and assets can also be negatively affected. By dating before finalizing the divorce, a person is risking potentially lessening their share of the estate. This is because courts (depending on the laws of the state) will sometimes look at how the “marital misconduct” affects the financial aspect of the relationship. They will also look at how the misconduct affects the overall marriage breakdown. If found guilty, the individual accused of being unfaithful can potentially loose more of their share of the property.
Child Custody
Dating during separation might also impact child custody and visitation. If the courts determine that the dating spouse has acted inappropriately, then they can limit the amount of time the parent gets to spend with the child. Custody can also be impacted if the dating parent exposes their children to the person they are dating.
Final Result
Dating before divorce, while it can be done, is never a good idea. There are too many risks involved that could lead to the dating party receiving less than originally planned in the divorce. It is better for all parties involved (husband, wife, children, etc.) for spouses to hold off entering the dating world until the divorce is finalized.
If you or someone you know is curious about dating during the divorce process, feel free to contact Christine Howard. Christine would be happy to answer any questions about the process that you may have. She can be reached by phone at (864) 282-8575 or by email at info@christinehoward.com.
