Tuesday, November 2, 2010

Answering Important Questions about Divorce

It is hard for many people to admit, but sometimes getting divorced is the only way to live a happy and healthy life. When thinking about a divorce, there are several other items that are factors in this big decision. Before filing,

take the time to look into what the divorce process involves and what changes it will cause in your life. In this article, we want to answer your questions about divorce and some of the negative impacts it may create.

What is an uncontested divorce?

An uncontested divorce is generally a divorce that the two parties agree on. They work out the specifics of their assets and split them up according to mutual agreements outside of court. With an uncontested divorce, there is

no alimony, child support, or custody issues. Once a couple has decided to have an uncontested divorce, they need to put their agreement in writing and present it to their local courthouse. If the court deems that the

agreement is fair for both parties, they grant the couple a divorce. An uncontested divorce is also quicker and the couple does not need to wait as long until it becomes final.

How do I go about filing for a divorce?

To file for divorce without your spouse knowing, simply go to the courthouse and fill out the appropriate paperwork. The best way to make sure that you do everything the right way is to hire a lawyer to file your papers. If

you're unsure about how your spouse will react, a lawyer will help you get the entire process taken care of, and your spouse will have no knowledge of it until the papers are served. If your spouse gets angry easily, this could

be the best thing to do because it allows you to be away from home when the papers get served, preventing any confrontation.

I've heard of common-law marriages. Is there such a thing as common-law divorce?
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No, there is not such a thing as common law divorce. You cannot be granted a divorce simply by living apart from your spouse for an extended period of time. Most states required, at the very least, a written agreement

submitted to the court that states your intention to divorce each other or of your intent to separate from each other. In most states, common law marriage is a recognized form of marriage. This is not so with divorce, though. If

you both agree to a divorce, contact a lawyer or your county courthouse to find out the very least you need to do to be granted a divorce.

It is only a few weeks before my divorce will become final. Would it be illegal for my spouse to marry again before it has become officially complete?

Legally, yes it is. Being married to more than one person at once is against the law. You cannot marry another person until your divorce is absolutely final, as this would break state bigamy laws. But this is just a formality.

Many states would not regard the second marriage as purposefully breaking the law. If your spouse gets married before the final divorce hearing, you could try to get them in trouble for committing bigamy, but most likely

nothing would come of it because neither the lawyers nor the court system actively pursues these cases.

I have just filed for divorce. How long will it be before it is final?

If you have filed for an uncontested divorce, the entire ordeal can be over in a matter of a few weeks. If you have a disputable divorce, on the other had, it could be quite awhile before the divorce is officially final. If you have

children together, some states require a waiting period before actually filing the divorce papers. The court's schedule also plays a major role in how long the divorce will take. If they have many cases to go through, you may

be waiting awhile. If you talk to the court clerk, they might be able to give you an idea about how long it will be. Your divorce attorney will also have more information to give you a better idea.

1 comment:

  1. I find this article very informative as this will help provide insights to people about divorce and its complications as well as the importance of hiring a reliable divorce attorney.

    ReplyDelete