Even If It Seems Unnecessary: Get a Divorce

Divorce is often rightfully associated with massive heartbreak and complicated asset disputes. However, there are also marriages that end amicably with spouses simply separating, and others that just end without resolution of any kind. Modern relationships continue to evolve with each generation and more and more couples choose domestic partnerships or stay married out of mere convenience or in an attempt to save money. There are many reasons why staying married after estrangement is a terrible idea.

No Marriage Is “Simple”

Sometimes couples get married and have little to no assets, no children, or never shared finances, or if they do, then they found a way to amicably (or not), split things among themselves with no legal guidance or court filings with the assumption that things would never come back to haunt them. However, when it comes to the law, when you say “… until death do us part,” and sign the marriage license, you are declaring that you absolutely mean that – unless of course, you legally divorce.

Reasons Some People Stay Together

There is an assumption that marriage is an expensive endeavor, and it can be, however, as we’ll discuss later, it can prove to be the opposite over time. Many spouses just want to save money and the hassle and simply become estranged from each other. There are other cases where they may be in an extremely harmful relationship involving domestic violence and they avoid the topic altogether through physical escape. A less common reason is when two people marry so that one spouse can obtain a green card and they’re both afraid of being charged with immigration fraud. One of the least common reasons, though still relevant, is that both spouses stay as friends, and they feel like they simply don’t need to get one yet because they reasonably trust one another.

Why You Need a Divorce

If you fall into any of those categories or have your own reasons for not getting a divorce, there are many more reasons to continue with a divorce, whether it’s amicable or not. The number one reason, of course, is the legal implication of being married. Legal asset distribution is the most obvious reason because spouses have equal rights to the assets they shared unless otherwise stated in a prenuptial agreement. Spousal responsibilities vary from state to state, but in some states, spouses are on the hook for certain debts even if they were not physically living together. Suddenly, a divorce could have saved you a significant amount of money. Another reason to divorce is that when you initially married, you may have been young and broke, but life changes, and you may have found great success later in life. If you choose to get a divorce at a new point in life and you have amassed large sums of money or property, your estranged spouse may have legal rights to everything you’ve worked for simply because you were still legally married.

Conclusion

In an ideal world, divorce wouldn’t be such a challenging experience, but realistically speaking, nothing in life comes easily. As difficult as it sounds to divorce, if your relationship has reached its conclusion, it is the best option for you and your ex. At Petkovich Law Firm, we’re experienced and dedicated to helping you negotiate some of life’s most difficult resolutions. For a consultation, fill out a contact form or call our office at (305) 358-8003.