So you’re considering a divorce, but it can be a tricky, complicated process. How do you know what you need to know? Where should you turn, and what questions should you ask to prepare yourself? The following are some frequently asked questions about divorce. Keep in mind that we’re answering these questions in a general manner, and the law in your state might require something different. Use this guide as a starting place, not the final answer.
How does divorce work?
There are different types of divorce, depending on the situation that you’re in, and depending on the state you live in. Traditionally, a divorce required one party to prove that their spouse was responsible for something that was considered a justification for the divorce. Common justifications were infidelity, abuse, insanity, or being found guilty of a felony. Recently, however, some states have passed laws allowing for a no-fault divorce, which allows for a divorce if at least one of the parties simply no longer wants to be married. Similarly, there is an uncontested divorce, which is basically when both parties are in agreement on the terms and conditions of divorce.
How do I file for divorce?
The process starts by filing paperwork asking for the divorce. A copy of this must be delivered to your spouse, who is given a certain number of days to respond. The process from here largely depends on how your spouse chooses to respond. At this stage, there may be other documents that you need to file, like financial statements. Be prepared for the worst case scenario, a contested divorce, which will require you to support the claims that you’re making.
What are the costs associated with divorce?
As can be expected, there are both fixed and variable costs associated with divorce. The fixed costs include the cost to file with the court and have the complaint served to your spouse. Check with your local court to find out exactly what these services cost. The variable costs will be the costs to have an attorney on your side for things like document preparation and representation. While we don’t suggest selecting your attorney based on cost alone, we understand that it can be a factor.