Top Legal Questions Answered about the Divorce Process!

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.

What is the difference between a legal separation and a divorce?
A legal separation is one where you are not required to live with your spouse, and a time during which temporary decisions regarding child support and alimony can be made. You are not free to remarry during this stage of divorce. Many people file for a legal separation before they make a decision to officially call it quits. If they call it quits, then they file for what is called an absolute divorce. An absolute divorce, once final, frees you up to remarry if you desire.

Will my ex get all of my property?
Some states have a no-fault divorce rule while others allocate property according to either a prenumptual agreement, or according to who the state allocates as the person who has the legal rights to all or any of the former couple’s combined assets.

Will I still be able to see my kids?
In most cases you will be able to see your children. The time is usually split up between you and your spouse. You will need to probably set up an extra room for when your child comes to visit.

Who will my kids live with?
The court will help you decide where your kids will live. They will either live with you full-time and stay at your ex’s house part-time, or they will live with your ex full-time and stay with you part-time. In some cases, the children will live one week with one parent, and another week with the other parent. Also, sometimes if one parent lives out of state, the time spent with one will be during the summer and with the other during the school year.

What forms do I need?
The type of papers needed for your divorce depends upon what type of divorce you will file. Also, it depends upon which state you live in. It is best to call a lawyer or to contact your local legal services department. They can help you find access to the right divorce filing papers. You can also search for divorce papers by state on the Internet.

You may have other questions as well, which can be answered by legal professionals. You can find representatives in your area by either doing a local search on line, seeking personal recommendations from friends and family, or by looking in the phone book.

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