Divorce is considered one of the significant decisions that can stir a range of legal, financial, and emotional issues. If you are going through a divorce, understanding your options and rights makes the situation a bit easier to manage.
The process of obtaining a divorce can be tricky and filled with complications. Here is a list of questions that people who’re going through a divorce will have. The answers to these questions will give some clarity on the entire divorce process.
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What are the grounds for divorce?
This often depends on the state the couple currently resides in. There are ‘no-fault’ divorce laws, which are legal procedures where neither of the parties identifies no wrongdoing. The most commonly utilized no-fault reason is a relationship that has outrun its course.
However, some states also allow “fault-based” divorces, in which one of the spouses can prove that the other one was at fault, for instance, due to adultery, abandonment, physical abuse, etc.
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How long does the divorce process take?
The duration for a divorce to be completed typically varies by several parameters, including
- Whether it is a contested or an uncontested proceeding
- The number of days that the state in which the divorce is being processed retains for such a proceeding to complete
- The complexity of the couple’s financial and child custody agreements
Cases where both parties do not have serious issues to battle out usually take two to six months at most. Contested divorces often take a bit longer to solve, approximately more than 7 months.
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Do I need a lawyer for my divorce?
It is advisable to seek legal help, particularly where there are likely to be complications such as division of assets, child custody, and alimony, among others.
A lawyer can help:
- Describe your rights and responsibilities
- Prepare and analyze legal papers
- Advise you in writing or oral agreements
- Help you in legal actions
- Defend you on the allegations made against you
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Can divorce agreements be modified?
Yes, you can modify your divorce agreements after finalizing the divorce. This is particularly applied in cases involving child support, child custody, and alimony.
To modify an agreement, one party must demonstrate a significant change in circumstances, such as:
- A substantial change in income or employment
- Relocation that affects custody or visitation
- A change in the needs of the child (e.g., medical or educational expenses)
Both parties are allowed to request a modification, but the court has to approve any changes to the original agreement.
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What is the difference between contested and uncontested divorce?
An uncontested divorce is a divorce where both spouses are fully in agreement on all the issues that will be addressed in the divorce process, such as division of property, child custody and support, and alimony. This process often takes a shorter time to resolve, thus minimizing the costs accrued on legal fees.
A contested divorce, on the other hand, happens when the spouses cannot agree on one or more issues, requiring court intervention to resolve disputes. This process involves more legal fees, time, and emotional stress because a judge will need to make final decisions on behalf of the couple.
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How is child custody determined?
Child custody is often decided based on the interests of the child. Courts look at various factors, including:
- The child’s age, health, and emotional needs
- The relationship between each parent and the child
- Each parent’s ability to provide for the child’s needs
- The stability of each parent’s home environment
- Any history of abuse or neglect
Custody arrangements can be joint (shared by both parents) or sole (one parent has full custody).
