4 Legal Questions You'll Likely Have About Your Upcoming Divorce

Law Blog

Do you plan on starting the process to get a divorce from your spouse in the future? If so, you likely have a bunch of legal questions about the process that you need to know the answer to before moving forward.

Is A Separation Required? 

The need to have a formal separation will really depend on where you currently live. There are 34 states that do not require you and your spouse to be legally separated before you start the process. However, the remaining states do have some requirements that you need to be aware of. The waiting period where you must be separated can range from 60 days to 18 months. This can certainly impact the speed of how fast you can get a divorce when you need to wait out the separation requirement. 

Can You Get A No-Fault Divorce?

Every single state allows couples to get a no-fault divorce, which means that the spouse filing for divorce doesn't have to prove to the family court that there is a reason for the divorce. This can certainly make the process go smoother if you and your spouse are in agreement to file a no-fault divorce. You can get a divorce simply because the marriage didn't work out, and there is no need to prove that somebody did something wrong.

What Is A Contested Divorce?

If you can't agree with your spouse as to why the divorce is happening, it is considered a contested divorce and the court will make a final decision as to the reason for the divorce. The contested nature of the divorce often extends to many decisions that need to be made, such as custody, how to split property, and support payments. If you can work with your spouse to have an uncontested divorce, the final decision on these things will likely be within your control, and you don't have to depend on a judge to make the decision for you. 

Do All Divorces End In Court? 

You may have imagined a divorce ending up in court based on what you have seen in movies, but that is not always the case. Many issues are worked out in mediation, with the very tough issues that are undecided being settled by a judge. However, some things must be approved by a judge before they are official. This is often the case when deciding on support payments so that the judge can ensure that the person receiving support payments was given a fair amount. 

Contact a family attorney in your area to start the divorce process.


12 March 2021