Divorce Questions

Today there are many marriages that end up in divorce. When there are problems in a marriage, many couples decide that divorce is the solution. However, those who are considering divorce often have a lot of questions about the process and their rights. Here is a look at some of the most frequently asked questions about divorce and their answers.

Divorce FAQ #1
How Long Will the Divorce Take?

In answer to this question, the time that a divorce will take to be completed will depend on where you live. It varies in different states, and it can even vary on a county level as well. Some of the things that can affect the length of time include the laws in your area, the relief you are seeking, the hearing type, and the parties that are involved in the divorce. If the divorce is not contested, then it will go faster.

Divorce FAQ #2
Can My Spouse and I Use the Same Lawyer?

No, you can't both use the same lawyer. Legally this would be known as a conflict of interest. One lawyer cannot represent both of you as you are going through a divorce. So, you'll need to have a different lawyer than your spouse has to go through the divorce proceedings.

Divorce FAQ #3
What are Grounds for Divorce?

Many people wonder what the grounds for divorce actually are. Usually the fault grounds for divorce include things like desertion, cruelty, and adultery. There are other grounds for divorce as well, which can vary depending on the laws in your area. In order to file for a divorce, there must be some grounds for divorce.

Divorce FAQ #4
Do I Have to Get an Attorney in Order to Get a Divorce?

While in some states you don't legally have to have an attorney to get a divorce, it is definitely not a good idea to go without legal counsel. While it will cost you to have a great lawyer help you out, it will be worth it in the end. A good attorney can help you to make sure you avoid any problems that will cost you later on in life. Sometimes financial complications can come up during a divorce as well. Having a good attorney on your side can keep you from being taken advantage of.

Divorce FAQ #5
While I'm Separated Can I Date?

While you are separated, you are not out of the marriage vows that you have taken. So, there is no right to go ahead and be sexually active with someone else or to date someone else. If you do date while you are merely separated, you can be charged later with adultery, which will not help you out as you are going through a divorce. This means that dating will definitely be a bad idea if you are only separated.

Divorce FAQ #6
What Exactly is Equitable Distribution?

Usually this term is meant to mean the dividing up of marital property when you go through a divorce. Usually this is not done in a fifty-fifty manner. The court looks at the financial situation of both after the marriage is terminated. There are various factors that are taken into consideration when equitable distribution is being decided. Some of the factors include whether or not one person did all the work to acquire the assets, whether one spouse is able to earn more than the other, economic fault of one person, how long the marriage lasted, age and health of each spouse, and who will have the responsibility to take care of the kids from the marriage. Other factors also considered include possible infidelity, what a spouse was contributing as a home maker, and any separate properties that the spouses may have.