Basic Divorce Questions and Answers
1. What is a divorce?
Divorce is the legal process that ends the institution of marriage between two people.
2. Who needs a divorce?
Anyone who is married and would like to be officially and legally disconnected from their spouse.
3. What does a divorce do?
The two main purposes of a divorce is to divide your property, including assets and debt, and set up a child custody and support arrangement.
4. What are some of the benefits of getting a divorce?
· You are legally separated from your ex,
· you are allowed to get remarried,
· your assets will be divided so your ex has no legal claim to your stuff,
· the debt accrued during your marriage will be divided in a fair manner, which does not always mean 50/50,
· a legally binding court order requiring child support will be in place,
· a legally binding custody schedule for your children will be in place.
5. What kind of divorces are there?
There are two types of divorces. The quickest and easiest way to get divorced is through an uncontested divorce. This means that both you and your ex will sign an agreement on how to divide your property and a child custody and support agreement.
6. How long does a divorce take?
It depends. An uncontested divorce that goes smoothly could be finalized as quickly as 90 days. That occurs when you and your ex-spouse agree on everything and your ex-spouse agrees to signed the Final Decree of Divorce. A contested divorce can take a very long time and become very costly. Having an experienced attorney will help in either situation with both time and cost.
7. What happens to the house?
This depends on you and your spouse and the circumstances regarding when you bought the house. This is a really important topic that you need experienced help.
8. What happens to the children?
A major part of the divorce will be the parenting order that decides who gets possession of children and what the schedule is like. Having a court order in place is very helpful to protect both the children and yourself to help provide some stability and a set schedule that you and your ex would both have to follow.