From the Mailbox: The Answers to 5 Commonly-Asked Question About Divorce Revealed

The decision to get a divorce is not an easy one to make, but many people do for one reason or another. A divorce is a legal process that has various steps and aspects that must be handled according to a state’s laws and regulations. Below are some common questions that arise regarding divorce and the answers people are given.

Why Should I Hire an Attorney?

It is advised to seek the assistance of family law attorneys in matters of divorce because they are experienced and have the legal knowledge to take care of the court proceedings and documents needed. Not only that, but an attorney will advise their clients on making sound decisions regarding their finances, custody, assets, and more. Because divorce is difficult for the two people involved, hiring an attorney will assist them in making decisions that will be beneficial because the attorney is not emotionally invested.

Is Attending Court a Requirement?

Court proceedings differ from state to state, but many divorces do not need to take place in court. It is important to note that both parties must be willing to negotiate and to act in a civil matter to keep the case out of court. This is done when both lawyers work with the clients to settle the case out of court by negotiating and agreeing on various terms and conditions relating to the divorce. Once both parties can agree on the items, they will become effective immediately in a contract that will be upheld by the court system.

What are the Steps for a Divorce?

Filing for divorce is a process that is started by requesting a document called a complaint or a petition, depending on the state you reside in. A copy of the petition is delivered to your spouse, but if both parties are in agreement, it is not necessary to deliver a petition. The spouse will then be given a number of days to respond to the petition, and the outcome of the case will depend on how the spouse responds to the petition for a divorce. For example, both parties may come to a quick agreement or a spouse may decide to contest the case, which will mean a lot of documents being filed and one or more formal court hearings.

What is an Uncontested Divorce?

An uncontested divorce is one where a spouse is not opposing the request for the divorce by their partner. This also means that both parties agree on the terms of the settlement involving assets, property, alimony, support, child custody, and more. An uncontested divorce is usually completed much faster and does not require much time spent in court.

What if a Spouse Can’t be Located?

Divorce can still occur without a spouse being present. However, the party will need to take steps to attempt to locate their spouse to let them know that a request for a divorce has been filed. If the person tried various things and still cannot locate the spouse, they can obtain the court’s permission to publish a notice of the divorce in the newspaper. Once that is complete, it’s possible to move forward with the divorce proceedings.
There are many questions to ask regarding divorce and what one should do in certain circumstances. Because divorce is a legal matter, it’s important to consult an attorney.