As they say, “Love is a beautiful thing,” especially one that leads to marriage. But if marriage doesn’t work out for you because of various reasons, then you and your partner can agree to get divorced.
While divorce may hurt not only you, it might be the only solution in some circumstances to find happiness. Read on as we provide answers to the most common divorce FAQ!
6 Common Questions Related to Divorce
Divorce is heartbreaking, and you might be in need of answers to a few questions. Here are answers to 6 of the most common questions.
1. When is the Right Time to File a Divorce?
There is no right time to file a divorce, as it is not something that you plan for. However, it is right to file a divorce if your marriage has failed or is in the process of failing. According to law, you will be required to show beyond doubt that a marriage has failed.
Your marriage will be considered failed if your partner:
- Is violent (domestic violence)
- Commits adultery
- Deserts you for over 2 years
- Mutually agrees to get divorced
2. Who Gets Custody of the Kids After a Divorce?
After a divorce, you and your partner have to decide who gets custody. In some instances, this can be decided in a court of law where one partner files for custody.
There are different types of child custody that you can apply for when you decide to part ways with your partner. They include sole custody, where you get full custody, and joint custody, where custody of kids is divided as per agreed terms.
3. How Will the Assets Be Divided After the Divorce?
In an instance where you or your partner files for a divorce in a court of law, the property has to be divided. Some of the properties in consideration for division include vehicles, business assets, real estate (including the marital home), savings, debts and liabilities accumulated over the marital period, and household belongings.
To ensure fair property division in an instance of divorce, the court will consider various factors like:
- Custody of the kids
- Financial contribution for each partner
- Duration that you have been married
- Prenup and postnup agreements
If you and your partner have a prenup or postnup, the property will be split as per the terms in the agreement.
4. Is There an Alternative to Divorce Litigation?
Divorce litigation champions fair custodial arrangements, spousal support, and the allocation of debt incurred while in marriage. However, this type of divorce is very expensive, and the longer it takes to resolve, the more the assets depreciate.
Because of this, you need to consider other alternatives to litigation. One of these alternatives is collaborative divorce, which only requires experienced mediators and lawyers.
5. How Do I Start the Divorce Process?
To start a divorce process, you first need to talk to your partner about your intention to get a divorce. If your partner is in agreement and the two of you have agreed about child custody, property division, and spousal support, then you can bring in a lawyer for the settlement.
If you and your partner can’t reach an agreement regarding divorce, then you need to seek the help of an experienced lawyer to file your divorce case.
6. How Long Does the Divorce Process Last?
A divorce can be very draining; hence, you should know how long it might last until everything is settled. Well, it all depends on certain factors. If you and your partner can come to an agreement regarding asset division, spousal support, and custody of the kids, then the process can end fast.
Factors such as the size of the property to be divided can also affect the duration of the divorce process. In instances where you and your spouse have a huge portfolio of assets, then it might take longer.
