If you are thinking about getting a divorce, then you'll likely have a lot of questions about the process and the things it involves. The content below will cover a lot of the common questions people often have when headed into divorce, as well as the answers to them.
What are the requirements for filing for divorce?
When it comes to filing for a divorce, you will need to make sure it is filed with the proper court. This means the forms need to be filed in the court that is located in the county the filing party has resided in for the amount of time required to be considered a resident of that state, and the amount of time can vary from state to state. In some cases, a person is deemed a legal resident in three months, in some it is six months, etc. In most states, there must be legal grounds for divorce, such as irreconcilable differences.
Will you need to appear in court?
Whether you need to appear in court or not may depend on whether the divorce is going to be contested. If there are disputes, then the chances of you needing to go to court will be higher, but in many cases, these things can still be resolved outside of the courtroom through mediation or by third-party negotiations such as those done through your attorneys.
How is the custody of the children determined?
In many cases, the spouses can agree on the custody of the children and can come up with a visitation plan that works out for everyone. In other cases, there will be a dispute over the custody of the children. Mediation will often be the first step to trying to come to an agreement. However, if the parties aren't able to come to an agreement, then the case may go before the judge, who will look over the facts and decide how the child custody will go. It is always best for the spouses to come to an agreement, or one or both may not be happy at all with the arrangements the court decides.
Is spousal support always awarded?
Spousal support is not something that's mandatory in most of the states, but there are many times when it will be awarded to the dependent spouse. Different things will be considered in order to determine that spousal support will be awarded, as well as when it comes to the amount that will be awarded.
For more information, reach out to a divorce lawyer in your area.