Springfield Divorce Lawyer

Divorce is one of the most emotional legal issues you can encounter. It might surprise you to experience emotions you did not expect. Even people happy to get away from a toxic partner may still grieve the loss of what once was.

For many people, divorce is as stressful as a death in the family. When you are going through a divorce, you have to make many decisions that will have a long-term impact on your emotional and financial health and well-being. For many people, those decisions will also impact their children, and complex custody laws make it essential to work with a compassionate family attorney. A Springfield divorce lawyer can help you focus on the process and make decisions that will serve you well in the long run.

Fault vs. No-Fault Divorce

In some places, a person has to allege wrongdoing by their partner to seek a divorce. These divorces are known as fault divorces. The state mostly takes a no-fault approach to divorce. People can get a divorce without alleging any wrongdoing by their partner.

However, if one of the parties opposes the divorce, the spouse seeking the divorce must allege fault. Some examples of fault include:

• Abandonment
• Infidelity
• Living apart for at least 12 months by agreement, or 24 months if not by agreement
• Egregious behavior

If both parties agree they want a divorce, they do not have to allege irreconcilable differences. If the parties do not agree they want a divorce, one spouse must allege that the other spouse’s behavior made it impossible to remain in the marriage. Examples of that can include egregious behavior like drug or alcohol addiction or domestic violence. However, it can also include allegations that amount to irreconcilable differences. A Springfield divorce attorney can help a petitioner determine whether they need to allege fault and, if so, what grounds to include.

Uncontested or Contested Divorces

Uncontested divorces occur when the parties agree to all provisions of the divorce, including child custody, child support, property division, and spousal support. Under those circumstances, the parties can file a joint petition for divorce along with their written agreement. A judge reviews the agreement and holds a formal hearing, but the spouses avoid a trial.

Contested divorces are more complicated. They happen when the parties cannot agree on one or more issues in the divorce. In those instances, a judge will have a trial and rule on the unresolved issues. However, the judge has the discretion to look beyond the dispute.

It is generally better for both parties to come to an agreement and have an uncontested divorce. The process is faster, less expensive, and less traumatic than a contested divorce. Both spouses must be willing to set aside any animosity enough to agree. When appropriate, a divorce lawyer will help clients through alternative dispute resolution (ADR) alternatives, such as mediation, that can help clients reach an agreement. An attorney will also recommend against some types of ADR if something in the couple’s history puts them in an uneven position in a collaborative process.

Talk to a Divorce Attorney in Springfield

Divorce is hard, and it can be tempting to make emotional decisions that ultimately lead to negative long-term consequences.

A Springfield divorce lawyer can help you fully understand the potential consequences of every action you take in a divorce. While you are ultimately in charge of how the case proceeds, the attorney should guide you in a way that benefits you and any children of the marriage. Schedule a consultation to learn more.