How long will the divorce process take?
This is a common question that clients ask their divorce attorneys. The answer, unfortunately, is that there is no one-size-fits-all answer to this question. The length of the divorce process will depend on a number of factors, including the complexity of the case, the willingness of the parties to cooperate, and the availability of resources. In some cases, the divorce process may be completed relatively quickly, while in others it may take months or even years to reach a final resolution.
How will our property be divided?
The first step in dividing property is to determine what is marital property and what is separate property. Marital property is generally defined as any property acquired during the marriage, while separate property is any property acquired before the marriage or after the filing of a divorce. Once marital and separate property has been determined, it will then be divided between the parties.
There are several methods of dividing property, but the most common is equitable distribution. Under this method, the court will attempt to divide the property in a fair and equitable manner, taking into consideration factors such as:
-The length of the marriage
-The age and health of each party
-The financial needs of each party
-The earning capacity of each party
-The contribution of each party to the acquisition of marital property
-Theliquidity of the marital assets
-The tax consequences of the division of assets
How will our debts be divided?
During a divorce, all of the couple’s assets and debts will be divided between them. This includes any joint accounts, loans, credit cards, and property. Typically, debts are divided equally between the spouses, but there are some exceptions to this rule. For instance, if one spouse incurred a debt without the other’s knowledge or consent, that spouse may be solely responsible for that debt. Or, if a debt was incurred for the benefit of both spouses (such as a mortgage on the marital home), then it may be divided equally between them.
If you have any questions about your specific situation, you should consult with a divorce attorney. They will be able to give you more information about how debts are typically divided in a divorce.
How will child custody and visitation be handled?
Before you can begin to make decisions about child custody, you need to understand the types of child custody arrangements that may be available to you. Once you have a good understanding of the different types of child custody, you and your spouse can begin to discuss what will work best for your family.
There are two types of child custody: legal custody and physical custody. Legal custody refers to the right to make decisions about your child’s education, health care, and religious upbringing. Physical custody refers to where your child will live. Joint legal custody means that both parents have a say in these decisions. Joint physical custody means that the child will spend significant time living with both parents.
In some states, courts will presume that joint legal and physical custody is in the best interests of the child. This presumption can be rebutted if there is evidence that joint legal and physical custody is not in the best interests of the child. If you are seeking sole legal and physical custody, you will have to prove that joint legal and physical custody is not in the best interests of the child.
When making a decision about child custody, courts will consider a variety of factors, including:
-The wishes of the child’s parents
-The wishes of the child
-The relationship between the child and each parent
-The ability of each parent to meet the needs of the child
-The stability of each home environment
-The mental and physical health of each parent
-Any history of abuse or neglect
-The ability of each parent to encourage a relationship between the child and the other parent
Asking the right questions during your initial consultation with a divorce attorney can save you time and money. You want to be sure that the attorney you are meeting with is the right fit for your case. Here are a few questions to ask during your consultation.
What are the grounds for divorce in my state?
Each state has different grounds, or reasons, that you can use to get a divorce. In some states, you can get a divorce if you can prove that your marriage is irretrievably broken, or that there are irreconcilable differences between you and your spouse. Other states require that you have a specific reason, such as adultery or abandonmen
Do I have to prove fault to get a divorce?
There is no one answer to this question since divorce laws vary from state to state. In some states, you may need to prove fault in order to get a divorce, while in others, no-fault divorce is available. If you’re not sure what the law is in your state, you should ask a divorce attorney.
It can be tough to know what to ask a divorce attorney during your initial consultation. You want to make the most of your time, and get as much information as possible. Here are some questions to ask that will help you get the information you need.
How do I serve divorce papers on my spouse?
The process of serving divorce papers can vary depending on the state in which you live, but there are some general principles that apply in most cases. In most jurisdictions, the person initiating the divorce (the “petitioner”) is responsible for serving the papers on the other spouse (the “respondent”). This can be done by mailing the papers to the respondent’s last known address, or by delivering them in person.
If you are unable to locate your spouse, you may be able to serve papers via publication, meaning that a notice of the divorce action will be published in a local newspaper. Once your spouse has been served, he or she will have a specific amount of time to respond to the divorce petition. If no response is filed, the court will assume that your spouse agrees to the terms of the divorce and will move forward with granting a divorce decree.
What happens if my spouse doesn’t sign the divorce papers?
If your spouse doesn’t want to sign the divorce papers, you can still get a divorce. However, you will need to file a “no-fault” divorce, which means that you will need to state that your marriage has irretrievably broken down and that there is no chance of reconciling. You will also need to prove that you have tried to reconcile or that it would be not be in the best interests of your children (if any) to reconcile. Once you have proven these things, the court will grant a divorce even if your spouse doesn’t want one.
Do I have to go to court for a divorce?
It is always best to try and settle your divorce outside of court. If you and your spouse are able to agree on the terms of your divorce, you will not have to go to court. Even if you are able to agree on some of the terms of your divorce, you may still have to go to court for a hearing. A hearing is a short meeting with a judge, who will make sure that you have agreed on all of the terms of your divorce.
What happens at a divorce trial?
A divorce trial is a court proceeding in which a judge hears evidence and makes a decision about whether to grant a divorce. The evidence may be testimony from witnesses, documents, or other types of evidence. The judge will also hear arguments from the attorneys representing each spouse. After considering all the evidence, the judge will make a decision about whether to grant the divorce. If the judge grants the divorce, he or she will also make decisions about child custody, visitation, child support, alimony, and division of property.
After making the decision to divorce, the next step is finding the right attorney who will be by your side through the entire process. This is not a decision to take lightly as your divorce attorney will play a pivotal role in the outcome of your case. But how do you know which attorney is right for you? Here are a few questions to ask when meeting with potential divorce attorneys.
How do I change my name after a divorce?
The process of legally changing your name after a divorce varies from state to state. You will need to obtain a certified copy of your divorce decree and take it to your local Social Security office, driver’s license bureau, and motor vehicle registration office. You will also need to update your name with the Internal Revenue Service, credit card companies, and banks. For more information, you can contact your local court clerk’s office or an attorney.
How do I get a copy of my divorce decree?
There are a few ways that you can obtain a copy of your divorce decree. You can request a copy from the court clerk’s office where your divorce case was heard. You can also contact the state vital records office or the county recorder’s office to request a copy of your decree. Finally, you can also contact your former spouse or his or her attorney to obtain a copy.The post What Questions Should I Ask A Divorce Attorney? first appeared on Daniels Law, P.A..