If you're married and have friends or family who have been divorced, you know that in general, it doesn't happen overnight. You almost never go from being happily married to facing divorce overnight. Even so, if you are facing divorce, you must know what divorce law is, how it works, and what it means for you. If you don't know the law, it means you're probably relying on advice from others. This advice may not be accurate and it can leave you worse off than you are now if it should turn out to be wrong.

First of all, be aware that divorce law varies from state to state. The same couple divorcing in one state may be mandated with vast differences in the separation of assets than what would be granted in a different state. Also be aware that in most cases, you need to file for divorce in the state in which you reside, so you cannot go to another state just because they have divorce law that favors you more.

Next, what can you expect? It's much more common these days to have what's called a "no-fault" divorce, also known as an "uncontested" divorce. With this type of divorce, both spouses agree that a divorce is the best outcome for both of them, and they've basically agreed as to how jointly owned assets should be split up. If no children are involved, this is usually easiest. In fact, with a no-fault divorce, oftentimes, a divorce lawyer isn't even needed. If you do need a lawyer, it's usually on a minimal basis at most.

Some states require that you separate for a trial period before you are granted your divorce. This is also sometimes known as "test" divorce. With a separation, the divorcing couple lives apart from each other and does not have any interaction with each other day today. This lets the couple know what it's like not to have his/her spouse around. In many cases, people actually discover that they don't want a divorce during this period, and they're suddenly more willing to work through differences than they were in the past.

If a divorce is something called "at-fault," one of the spouses has usually done something that is considered a "breach" of the marital agreement, such as infidelity, cruelty, or abandonment. "Cruelty" can be construed as either physical abuse, or can be emotional or verbal abuse as well. Depending on your state of residence, this type of divorce might not require that you have a separation.

If both spouses are guilty of some type of marital contract breech, then a principle known as "comparison rectitude" is implemented. This is designed to determine which of the two guilty parties is guiltier. This is often difficult to prove, since more than accusation is required. However, the outcome can significantly impact how property and assets are divided.

If you are facing divorce as a possibility, make sure that you know divorce law in general and in your state. Even if your situation is difficult at present, going through a divorce in the wrong way could put you in an even worse situation. If you know the law and what you can expect, you'll be much more prepared for what is to come.

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