A divorce
process is oftentimes an emotionally draining and daunting procedure. A divorce
court, which is the venue and mechanism to initiate a divorce process, is a
legal process that resolves the financial and child custody aspects of a
troubled couple. A divorce court is the legal process that initiates the end of
a marriage and the vehicle that leads to a resolution in regards to the
couple’s assets and debts.
In some
jurisdictions, a divorce does not require an individual in the union to claim
fault of their marital breakdown. Jurisdictions who have adopted this “no
fault policy”, however, are still susceptible to a court initiating a
review of the relationship and account the behavior of the individuals when
dividing the couple’s debts, property, and when evaluating custody, if
relevant.
In the majority of jurisdictions, the legal
divorce process requires a certification by a court of law to become fortified.
The terms of the divorce process are typically determined by the court. However,
if prenuptial or post-nuptial agreements are present, a ratification of the
divorce court’s resolution will take precedence.
In the absence of a premarital or post-marital
agreement, a contested divorce process is typically a stressful and costly
procedure for the spouses involved. To quell the costs associated with legal
aid and to mitigate the stress involved in a lengthy divorce process, less
adversarial approaches to resolution have recently reemerged. Such alternative
processes, like mediation and collaborative divorce, attempt to negotiate
mutually acceptable resolutions in divorce court.
