Filing for divorce is not a walk in the park. It comes with a lot of frustration and plenty of questions. If you are going through this process, you are probably feeling anxious about many things, including the division of property or child custody.
Although the situation in every divorce is different, there are still fundamental questions that many couples ask themselves when getting a divorce.
This article highlights five frequently asked questions to give some perspective. With no further ado, let us examine these divorce FAQs to add a little to your understanding and help you in the future.
1) How Will Our Assets Be Divided?
One of the first things couples argue about is how property, finances, and debts should be divided. In numerous jurisdictions, the division of property depends on whether it is categorized as ‘community property’ or ‘separate property.’
If you and your spouse can agree on how to go about it and divide the property, then that is perfect! This means you won’t waste time in a courtroom for the proceedings. But if these issues can’t be resolved, the judge may be obliged to divide the property on the laws of the land. The objective is usually to share the property fairly. However, this does not mean that the divisions will be equal.
2) Who Gets Custody of the Children?
A lot of people avoid divorce since it is a cumbersome process, where things like splitting the property and child custody and visitation have to be decided upon. Child custody arrangements come in two forms: physical custody, which examines where the child lives, and legal custody, which covers decisions about the child’s upbringing (education and medical care, among others).
Where applicable, the court prefers joint custody so that both parents can have a role in the child’s life. However, the arrangement will depend on the children’s best interests. If you and your partner disagree on who gets custody and where the child will live, a judge will decide for you, taking into consideration what is best for the child.
3) Will I Have to Pay (or Receive) Alimony?
There are different types of alimony, involving temporary support during the divorce procedure and long-term support after the divorce is finalized. The amount and duration depend on factors like the length of the marriage, each spouse’s earnings, and the living standard during the marriage. If you’re worried about alimony—whether you’re paying or receiving it—it’s a good idea to consult a family law attorney who can help you understand what to expect.
4) How Long Does the Divorce Process Take?
In a straightforward, uncontested divorce, where both parties agree on all major problems like property division and child custody, the process can be quicker, often wrapping up in a few months.
On the other hand, contested divorces, where there are disagreements, can take much longer. In these cases, the process may involve court hearings, mediation, and negotiations, which can stretch the timeline to a year or more.
5) Do I Need a Lawyer for My Divorce?
Many people wonder if they need legal help for their divorce or if they can handle it on their own. While it’s possible to get a divorce without a lawyer, having one can make a big difference, especially if your divorce is complicated. A lawyer can help protect your rights, guide you through paperwork, and prevent costly mistakes.
If you and your spouse agree on most issues, you might be tempted to handle it yourselves. However, even in an uncontested divorce, having an attorney review the final agreement can save you from future complications.
Conclusion
Divorce can feel like a maze of legal terms and emotional struggle, but having clear answers to common questions can ease some of the confusion.
Understanding how your assets will be divided, what will happen with child custody, and how long the process may take allows you to make informed decisions. With these divorce FAQs addressed, you can approach the process more confidently and focus on the next chapter of your life.
