Top Legal Questions Answered about the Divorce Process!

by Tom Hayden

Two lawyers arm wrestling

You may have up to a million questions racing through your head regarding the divorce process. To put you at ease, the following is the answers to some of the most commonly asked questions about the divorce process:

How long does it take?
The length of time that it takes to go through the entire process of divorce varies. If your spouse does not contest the divorce, you may be able to have it completed fairly quickly. You can even purchase a do-it-yourself style divorce kit which can help speed up the process. Some uncontested divorces take only a few months, while those that are contested can take several months or longer. Some divorce settlements regarding property divisions and custody can even take longer.

Do I need a lawyer?
Unless your spouse does not contest the divorce you will most likely need a lawyer. Your lawyer should be one that is educated regarding child custody proceedings, property and assets allocations, as well as experience in deciding cases regarding child support and alimony payments, among other credentials.

Do I really need to go to court?
In most cases you will need to go to court. However, if you and your spouse can settle divisions of assets and agree on child custody decisions while in mediation, you may be able to proceed with your divorce without seeing the inside of a court room.

Who can come with me?
The only person who will be sitting by you in the court room will be your attorney. Otherwise, you cannot bring anyone else with you to the court room or mediation meeting.

Can I represent myself in court?
You can, but it is much better to have the advice of a qualified professional to plead your case.

I need help with my divorce. Where do I go?
You can do a local online search for divorce information and resources available in your state. You can find help for both legal and financial matters, as well as help for the emotional effect of divorce on a family.

I don’t want my ex to see my kids because he/she is abusive…
If you ex is abusive, you can stay in a shelter temporarily, and file a restraining order out on him or her, and you have the option of prosecuting against your spouse. If you prosecute your case could go to trial before the judge and a jury.

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The Top 10 Tips You Must Read Before Filing for Divorce

by Tom Hayden

The process of divorce is painful enough for most people without not knowing what to expect before, during, and after. Fortunately you can find quite a bit of information and resources which help explain how filing for divorce works, and the steps you need to take, and how to handle the entire procedure. Below are 10 tips to help you while planning for and filing for divorce:

  1. Know Your Rights: Whether you are male or female you should know your rights in regards to filing for divorce. Whether you are male or female, you generally have legal say as to how the assets are divided, and what rights you have to see your children. The only times you do not have rights is if certain criminal activity would bar you from those rights. This is the case in which most parents are not allowed further access to their children, or forfeit their property, and end up in jail or prison. Under normal circumstances, however, both divorcing parties are allowed a certain number of rights. You should understand these rights, and if you don’t, you should educate yourself further about divorce procedures.
  2. Know the Process: If you are in the process of filing for divorce or you are thinking about filing for divorce you will need to understand the process. If your spouse does not contest the divorce it will not take as long as if your spouse does. If your divorce is uncontested, you will be able to use what is known as either a quick divorce kit, or a do-it-yourself (DIY) divorce kit. You are advised to only use the DIY kit if you absolutely know that your soon to be ex will not challenge you. Otherwise, it could delay the process even further.

You also need to know the difference between an “Absolute Divorce” and a “Limited Divorce”. The first of these two mentioned divorce procedures, the absolute divorce, take the longest and is the one which is the most final, because all assets are then split, and custody of the children is then most likely decided. Not only that, but couples who receive the more permanent type of divorce are free to marry. The limited divorce is more like a legal separation, which allows you and your spouse to live separately, but you are not free to remarry.

During the limited divorce stage temporary custody arrangements, child support, alimony, and property right can also be decided upon while the couple decides if they want an absolute divorce or not. Usually people end up filing for a limited divorce before deciding upon an absolute one, because this still gives the couple time to decide if they want to divorce for good or not. This situation is generally thought of as temporary, and only for about six months to a year.

  1. Find the Best Lawyer: Divorce is hard enough. You do not need to try to go through the process with an incompetent lawyer. That does not mean that a lawyer does not know his or her trade. It just means that you do now want to involve yourself with a lawyer who wastes a large part of your time talking about issues totally unrelated to the divorce process, and then being charged for it. You need a lawyer who will not charge you excessively outrageous fees for every single phone call as well. In addition, you need a lawyer who understands issues such as child custody and financial divisions of property. If you can afford it, hire specifically a divorce lawyer. For those who are of the lower income bracket you can find help from your local government regarding legal representation during divorce. If this is the only way you can afford a lawyer take advantage of these services, but make sure you still find the best lawyer as possible.
  2. Beware of the Cost: You could be charged for every word you exchange between you and your lawyer, so choose them wisely. Also, make sure that you are clear about what you will be charged for, how much, and how often. When in doubt whether or not you will be charged for a meeting or phone call it is best to ask. You do not want any surprises later on.
  3. Get Support for You and Your Children: Divorce is a tough process for the whole family, and especially painful for the children. You and your children need to talk this through. If your children are having a hard time dealing with divorce there are support groups that you and your children can go to, and you can find social service programs to help you and your children out as well.

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