Going through a divorce is not easy for most people. These legal procedures can be confusing, especially if you’re familiar with the law. There are a lot of terms that get thrown around, and you may not be sure how to get what you want. Fortunately, a great lawyer and a good amount of research can help you out. Here are some commonly asked questions about divorce and their answers.
What Is the Difference Between Divorce and Legal Separation?
If you get a divorce, the law will break any legal ties that bind the two parties. This means the marriage gets dissolved. However, you will remain married if you get a legal separation. A lot of people prefer to get legal separation because it could benefit both parties. For instance, you can stay on their health insurance plan when you are legally separated. Before you choose divorce, you should look into legal separation and talk to your spouse to see what is best for both of you.
How Do I Get Child Custody?
This is where everything gets more complicated – but generally, the court will have the final say on who gets custody of your children based on their best interests. There are several factors authorities will take into consideration. This includes the financial capabilities of both parties, the child’s relationship with each parent, the family environment, and many more. The objective is to ensure the children’s security and safety. You can also get legal assistance to help you get child support help from a lawyer in Santa, FE.
One of Us Filed for Divorce, but the Other One Does Not Want It. What Do I Do Now?
Whether you or your spouse do not want a divorce, court procedures may still happen. You only need to file a petition for a divorce if you live in a no-fault divorce state. There are also some states that have laws requiring a period of separation. After that period, the spouse can get a divorce regardless of the other’s decisions. Counseling could be ordered (if requested by you or your spouse) for you and your partner; however, the court is not obligated to do so.
What Does an Uncontested Divorce Mean?
For anyone who wants to get a divorce, they wish to get an uncontested one because it makes the proceedings a lot easier. An uncontested divorce could also be referred to as a consent divorce. If you have an uncontested divorce, it means that both parties agree to all of the issues’ terms of the settlement and the divorce. Some problems can include child support and custody, alimony, and debt and property division.
How Much Will a Divorce Cost?
There are costs that can change and fixed costs. Fixed costs normally happen when you file your paperwork, serving legal papers to your partner, etc. You will also have to pay for your attorney and fees to prepare the documents. The costs can vary depending on your case’s details. If the court orders extra services, then you may have to pay more.
These are just some of the basic legal actions you should know when filing for divorce. While the entire procedure can be draining, the best thing to do is to keep your composure. Set your priorities and hire a seasoned divorce lawyer.