Divorce can be a tricky situation, not only for the spouses but for the children as well. However, divorce might be the best option when marriage gets too rocky. When people decide to get a divorce, their minds can be overwhelmed by questions.
To help you understand more, here are some of the commonly asked questions about divorce and the answers for them.
What Are Divorce Procedures?
You will file a petition or complaint (varies on the state you live in) with a court when you want to get a divorce. States will refer to it as a dissolution of marriage or divorce. A copy of the complaint will be delivered or served to your spouse, generally by the process server or sheriff’s office. If you and your partner agree, however, it may not be necessary. Your partner will have a specific number of days to reply to the complaint.
How your spouse responds will determine how the rest of the case will go. Your spouse could respond either by contesting the complaint or agreeing to it, your spouse could not reply, or you and your partner could reach an agreement.
You will have to file other documents, like financial statements. A contested case will be more challenging to handle because you may have to attend a few formal court hearings and file more documents. It would be helpful if you work with a local family attorney to help you get the best out of your situation, especially if you have kids with your spouse.
What if I Can’t Find My Spouse?
You can still get a divorce despite not knowing where your spouse is. You can notify them that you filed for divorce or try to find them. You can ask relatives and friends where they are or talk to their landlord. You can do a service called service by publication, which is where you get permission from the court to publish the notice of the divorce in the newspapers if you can’t find them.
You can still get a divorce and get custody of your kids, although you will not get child support, alimony, or full resolution of property division until your spouse gets personally served with the court papers.
What Is the Difference Between Divorce and Legal Separation?
When you get married, the marriage gets dissolved, and the law will break any legal ties between said parties. You stay married when you are legally separated. Some people choose legal separation for the benefits, such as staying on the health insurance plan of your spouse. However, it may not make you or your spouse satisfied, so you should look into it more when you decide on whether you want a divorce or legal separation.
Who Gets Custody of the Kids?
The court chooses who will get custody of the children based on the child’s best interests. There are many things that the court has to take into account. Some things they will think about are the parent’s capability to provide and take care of the child and the relationship of the kids with each parent. However, equal or shared parents is a common option that many people can get.
A divorce can be hard, but it may benefit both parties. You should not hesitate to do your research and ask a lawyer if you have any questions.