Wondering how to divorce? Divorce is not a complicated process. There are certain requirements that you must meet based on the divorce laws of your state before you file for divorce. Once you have filed for divorce on other factors, such as child support, spousal support and the Division of marital property come into play. The following is a list of questions that I hear most often from people who are going through a divorce.
How much will it cost my divorce?
The cost of a divorce is determined by the complex case, and if they are not contestable issues in those cases. An uncontested divorce is naturally going to cost less than a contested divorce. In other words, the more adversarial divorce divorce will be more expensive in the long term. In addition to the costs of a lawyer, you will also have the expense of Court filing fees and other expenses incurred during the divorce.
If your state laws require you to choose a divorce mediator you and your spouse will be liable for those costs. If there are great assets to divide, a company to be valuable or property to be evaluated, you might need the help of a divorce financial analyst. This is another expense that you and your spouse will be liable.
If my spouse cheated on me, can I cite him/her for divorce on grounds of adultery?
If they can't sue for any "reasons" depends on which state you live in. Most States have adopted no-fault divorce laws, which means that an action for divorce may be brought against a spouse without a reason. Be sure to check with a local lawyer to find out what are the laws of your State regarding the causes of divorce.
On the other hand, if your spouse had betrayed the negative behavior may come into play during the divorce settlement negotiations. For example, if a husband/wife cheating spends money on other marital woman/man who the judges will be taken into account when considering how marital assets are divided. A competent divorce lawyer will be able to answer any questions you have about how justices of the peace deals with such situations.
What happens if I do not want a divorce?
Anyone can obtain a divorce if her husband wants one or not. States of no-fault divorce, all you have to do is file your petition for divorce. Some States have laws that require a period of separation, but after that period can be obtained a divorce if your spouse agrees to it or not.
New York is the only State in the United States that does not have laws on no-fault divorce. There are no requirements that you need before you can obtain a divorce in New York. Familiarize yourself with laws on divorce in New York and speak with a local lawyer.
What should I do to get the divorce process started?
There must be a petition for divorce filed with the Registrar. You can do so through a divorce lawyer or you can do it Pro Se without the benefit of an attorney. Once it's submitted a petition for divorce, your spouse will have a certain number of days to respond to the petition.
Once a petition has been filed, the Registrar and stamp and give you a case number. Once it is given a case number and your spouse meets the Court will set a date for a hearing or for court orders temporary or mediation.
What is the difference between a legal separation and divorce?
In a legal separation, there remain married. In a divorce, the marriage is dissolved and any legal relationship between the parties has broken the law.
How does the court determine who gets custody of marriage?
The Court will take into consideration what they feel is in the "best interests of the child." The Court will consider a number of issues when considering the case. Issues, such as the child is living with this, the relationship with each parent and a parent's capacity to care and provide for the child.
Most judges are moving to these days of shared parenting or equal. If you are a parent wanting equal time with her baby I urge you to pursue the right to Parent your child on a 50/50 basis with the child's mother.