Divorce

Q: What should I do first when considering divorce? A: The first step is usually to consult with a divorce attorney to understand your rights and options. You’ll need to file a petition for divorce with the court, which starts the legal process. This petition includes information about your marriage, children, property, and the reasons for divorce.

Q: How are assets and debts divided during a divorce? A: Property division varies by state. In community property states, assets and debts acquired during the marriage are generally divided equally. In equitable distribution states, the division is based on what the court considers fair, considering factors like the length of the marriage and each spouse’s financial situation.

Q: How does a contested divorce differ from an uncontested one? A: In an uncontested divorce, both parties agree on all terms, including property division, child custody, and support. A contested divorce occurs when the spouses cannot agree, leading to court involvement to resolve disputes. Contested divorces are usually more time-consuming and expensive.

Q: What factors influence the court’s decision on child custody? A: Child custody is determined based on the best interests of the child. Courts consider factors such as the child’s age, the parents’ living situations, the child’s relationship with each parent, and the parents’ ability to provide for the child’s needs.

Q: Is it possible to change a divorce settlement after it’s been finalized? A: Yes, certain aspects of a divorce agreement, such as child custody, support, or alimony, can be modified if there is a significant change in circumstances. However, modifications typically require court approval and must demonstrate that the changes are necessary.

Most divorces take anywhere from 2 to 9 months depending on how complicated the issues are and how unwilling to cooperate the spouses may be. We have seen an uncontested divorce finalized in as little as 2 months.

Yes, in general, a spouse who wishes to file for divorce must be a resident in the state and county where they plan to file for several months before filing. If neither spouse meets the residency requirement, you may contact us to file a legal separation, which you can later amend after you have been a resident long enough to qualify for a divorce.

Generally, the custodial parent is entitled to receive child support payments. The court will issue a child support order that sets the amount and how frequently the noncustodial parent will pay. In cases where child custody is split 50/50 between both parents, the court may order both parents to pay each other based on when the child is living with the other.

If your spouse is violent and you have evidence to support your allegation, you have the right to apply for an injunction.