Divorce Questions Answered

Though many people hate to admit it, divorce may be the only viable option for a healthy lifestyle. When considering a divorce, there are many other factors that play a role in this life-changing decision. It is best to take some time to research what is involved with a divorce and the effect it can have on your life. We hope to address some of the concerns that you may have about divorce and its detrimental effects.

If I'm planning on divorcing my spouse, do I need to get a divorce attorney?

If you have a feeling that your divorce will be contested (meaning that your spouse is not expecting it and there will likely be fights for custody, assets, etc.), then getting a divorce attorney is the best way to protect your best interests. A divorce attorney will also help to ensure that the entire process is fair for you. If you have children with your spouse, a divorce lawyer will protect your interests in terms of the fair amount of custody that you should receive and the terms of the custody agreement. A divorce attorney can also help you file the papers so everything is conducted according to the rules of your particular state.

What is an uncontested divorce?

An uncontested divorce is generally a divorce that the two parties agree on. They work out the specifics of their assets and split them up according to mutual agreements outside of court. With an uncontested divorce, there is no alimony, child support or custody issues. Once a couple has decided to have an uncontested divorce, they need to put their agreement in writing and present it to their local courthouse. If the court deems that the agreement is fair for both parties, they grant the couple a divorce. An uncontested divorce is also quicker and the couple does not need to wait as long until it becomes final.

My spouse has filed for divorce. Can I oppose it?

You can oppose the idea of it, but you cannot stop the proceedings from continuing. Once a spouse has filed for divorce, the other spouse is forced to comply with the filing. The best recourse when your spouse files for divorce is to get a divorce lawyer so you can be sure that your rights are protected immediately. In the United States and Canada, a divorce will be granted even if one spouse files and the other refuses to participate or even acknowledge the proceedings. In most states, there is the "no fault" rule which means that divorce can be for any reason, too. In this situation, your spouse can simply state "irreconcilable differences" and the divorce proceedings can get underway.

How do I file for divorce?

You can file for divorce without alerting your spouse by going to the courthouse and filling out the correct paperwork. If you want to be sure that you do everything correctly, the best thing to do is to hire a lawyer to file the papers for you. If you are worried about your spouse's reaction, you can take care of the entire procedure and they will not even know about it until they are served papers. If they have a temper, this might be your best option so you can be away from the house at that time they are served so there will not be any immediate confrontations.

Where can I find state-specific information about laws and statutes?

The best and most reputable place to find state-specific information about divorces is at your local divorce attorney's office. They have been through divorce proceedings and they have a great deal of experience with divorces in your state. You might also be able to find forms and regulations online. If you visit your state's official website, they might have links to divorce laws and regulations for your state. Most times, there is a small fee to download the forms needed to file for divorce in your state. Be careful, though. Make sure the website you get your information from is a reputable site.

I've heard of common-law marriages. Is there such a thing as common-law divorce?

No, there is not such a thing as common law divorce. You cannot be granted a divorce simply by living apart from your spouse for an extended period of time. Most states required, at the very least, a written agreement submitted to the court that states your intention to divorce each other or of your intent to separate from each other. In most states, common law marriage is a recognized form of marriage. This is not so with divorce, though. If you both agree to a divorce, contact a lawyer or your county courthouse to find out the very least you need to do to be granted a divorce.

How does divorce differ from annulment?

Although they must both undergo court proceedings in order to be approved, a divorce and an annulment are very different ideas. A divorce occurs when both parties involved acknowledge that the marriage took place and that it just didn't work out for whatever reason. A divorce simply ends a marriage with a disbursement of the assets accumulated during the marriage. With an annulment, however, both parties involved agree that the marriage never occurred or, at the very least, not legally binding. This usually happens with shorter marriages. An annulment might follow a marriage in which both parties were intoxicated during the ceremony or some other reason.

My divorce is just a few weeks from being finalized. Is it legal for my spouse to remarry before the it's officially final?

Technically, yes. It is illegal to be married to more than one person at the same time. Until your divorce is absolutely final, marrying another person would be breaking the bigamy laws of many states. However, this is merely a technicality. Most courts will not look at your second marriage as an outright disregard for their laws. If your spouse is getting married before your divorce is final, you can pursue legal action against them for breaking the bigamy laws, but chances are it will be a futile effort as these cases are rarely pursued by lawyers or the court system.

My spouse is serving in the Armed Forces. Can I still file for divorce?

It does not matter where your spouse is physically, you can file for a divorce. Whether they are in Iraq, prison, or anywhere else, you can file for legal divorce with the help of an attorney. Certain situations will make some divorce filings are tricky, so it is best to consult with a trusted divorce attorney to make sure everything is done correctly. Some states have specific laws regarding this type of divorce, but a lawyer in your state will be able to answer all of your specific questions about it. Similarly, your spouse can file for divorce against you no matter where you are.

Can I relinquish all of my parental rights in my divorce decree?

It is possible to relinquish all of your parental rights when you have your divorce papers drawn up, but sometimes the courts will not allow this to happen. There are several reasons for this. One reason the courts may not allow you to relinquish your parental rights is if there is a child involved that you'll need to supply child support for. In most states, you'll still need to pay for child support even if you do relinquish your parental rights. In some states, you can discontinue paying child support if your spouse clearly states it in the divorce papers. A local attorney can give you the most accurate information regarding this matter.

I have just filed for divorce. How long will it be before it is final?

If you have filed for an uncontested divorce, the entire ordeal can be over in a matter of a few weeks. If you have a disputable divorce, on the other had, it could be quite awhile before the divorce is officially final. If you have children together, some states require a waiting period before actually filing the divorce papers. The court's schedule also plays a major role in how long the divorce will take. If they have many cases to go through, you may be waiting awhile. If you talk to the court clerk, they might be able to give you an idea about how long it will be. Your divorce attorney will also have more information to give you a better idea.

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