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What is a divorce?

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Sure, we know this sounds somewhat simple. Most people probably think they have a basic understanding of what a divorce is. However, when you are in an overwhelming and emotionally-charged situation that you hoped you would never be in, starting simple is the way to go. So…what is a divorce?

Divorce is the legal dissolution of a marriage. When you were planning your wedding, it is unlikely that you spent time researching the laws in your state. However, marriage comes with legal duties and responsibilities; divorce severs some of those future responsibilities and restructures the legal duties of the parties. 

Regardless of the reasons behind divorce or the way you enter into a divorce, each divorce needs to address certain matters: 

  1. the division of the assets of the parties between one another, 
  2. division of debts of the parties, 
  3. whether or not there is a need for spousal support, 
  4. insurance of the parties, and 
  5. tax responsibilities.

If there are minor or dependent children of the marriage, further issues also may need to be addressed:

  1. physical custody of those children,
  2. decision-making responsibilities, 
  3. child support, and 
  4. financial contributions to the education of the children.

Each divorce will address all of these aspects, which can be very overwhelming when you first begin a divorce. Taking each aspect as a small bite of a big cookie can be helpful in processing all of the big decisions and choices involved with a divorce. Writing down what you want out of each of the categories addressed above, and learning about what all of your options are is helpful. In upcoming posts, we will break down each of the above parts of divorce in further detail so you can understand each aspect and make a plan for each individually.

If you are considering getting divorced, there are doubtlessly many considerations and questions you have. Whatever emotional and personal choices have led you to a divorce, and whichever stage of the divorce process you are going through, it is helpful to be as informed as you can be to help you better understand the process. It is our goal at the Neste to provide a broad overview to you relative to each portion so that you can best position yourself for what lies ahead.

DISCLAIMER: This is not intended to be individual legal advice of any kind, and each divorce matter is fact-specific and state-specific. We advise you to seek independent legal advice as it pertains to you and your case matter.

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