Divorce can be a complex and emotionally draining time, not to mention stressful, and you’re sure to have a lot of questions about what’s going on and how you’re going to deal with the ins and outs of this process. To help you stay in the know, today we’re going to explore eight commonly asked questions and answers you’re going to want to know.
1. How much does it cost?
Hand’s down one of the biggest problems with a divorce is how much it’s all going to cost. Now, there’s no set figure because each individual situation can vary wildly, and there are many details that will need to be discussed. Some key costs will include court costs, lawyers, advisors, and estate planning agents. In the US, the average price per person is around $15,000.
2. I don’t want a divorce; what can I do?
If your partner wants a divorce, but you don’t, you don’t really have much choice. You can file a petition to try and stop the divorce from going ahead, but this is a legal process you’ll need to fight through. If you want to stay in your relationship, it’s best to be proactive in trying to make a change, perhaps following paths like attending marriage counseling.
3. My partner cheated on me. Can I sue for adultery?
Many relationships in the world ended due to a partner cheating, resulting in the divorce process starts. However, whether or not you can sue will solely depend on what state you’re living in. Of course, you’ve done nothing wrong, so why should you have to pay? In some states, there is a no-fault divorce law which means you can do this, but to find out whether you can, you’ll need to talk to your attorney.
4. Will I receive support from my partner?
This clause will differ depending on what state you’re living in, so you’ll need to talk to your attorney. However, the courts will help make a final decision based on factors like how much income each partner earns, who has child custody, and the living situations of each individual.
5. How stays in the house?
Since you’re getting a divorce, the chances are you may not be getting on with your significant other, and with kids and belongings aside, a common question is who gets to stay in the house during a divorce? The truth is, this depends on what you want and the condition of your relationship. This could be decided among you and your partner, or a lawyer can be brought in to help you make the decision.
6. Who gets custody of my children?
The courts will mainly decide who gets final custody of the children involved during a divorce, and will always be decided based on the child’s best interest. There are plenty of criteria here that the courts will look through, and will go with the parent they decided will be able to provide better levels of care.
7. I can’t see my children, do I still pay child support?
No. If the courts decide you need to pay child support, you will need to pay it. Otherwise, you’ll be tried in court. Of course, there are variations to this, but any outcome will need to go through the courts for a final decision to be made.
8. Is legal separation different to divorce?
It is. In a legal separation, you legally remain married, as to all the legal implications of this, such as staying on health plans or managing joint bank accounts. However, a divorce is much more final and will help you dissolve all ties and any legal obligations you have to each other.
Divorces can be complex, and a situation no one wants to be in. However, if you have any questions, make sure you’re open and honest with your partner and attorney to get the best outcome for everyone involved.