The 6 Most Common Divorce Questions That People Ask
Are you considering a divorce or are currently going through one? You may have a lot of questions regarding your divorce, and we’re here to help you answer them.
Make sure that you know everything you can about the divorce process so that you can be informed, aware and prepared.
Keep reading for common divorce questions and answers regarding divorce in Texas that can help you during this process.
1. How Do I File for a Divorce?
To initiate a divorce, the party that is seeking the divorce must first file a petition with the District Court of the country where either person lives. The party who files is called the “petitioner,” and the other party is called the “respondent.”
If you are the one filing, you need to give the other party notice. You will do this legally, with what is commonly referred to as “getting served.”
The respondent must file an answer within 21 days. If they don’t, they won’t be able to avoid a default judgment. If your the respondent, you want to avoid a default judgment, or the chance to assert your legal rights.
A default judgment will affect certain important factors such as child custody, alimony, and division of property and assets. If you are being served, you’ll want to make sure you contact a lawyer as soon as possible so that you can better protect yourself.
2. How Will the Custody of My Children Be Decided?
In court, child custody is usually decided through examining the situation that would be in the best interest of the child or children involved. Certain things will be brought to the court’s attention, such as who the child is currently living with, their relationship with each parent, as well as who could best care for the child.
Many courts are veering towards equal custody if it works for the situation and individuals involved. That being said, child custody is the most common contested issue in divorce court. Both parents have strong feelings towards their children and what is right for them, making this a difficult part of the divorce process.
A divorce attorney will help you to get the best possible outcome for you regarding your custody of your children.
3. How Is Property Divided During a Divorce?
Unless proven otherwise, all property is considered marital property. Examples of separate properties are properties owned by a spouse prior to marriage or property that was gifted or inherited. The earning power of each spouse will also be taken into consideration when dividing property.
Contributions made by each spouse during the marriage, such as education or career development will also be analyzed. Return on retirement will be taken into consideration, as will the custodial parent, who will typically stay in the marital home.
This division can become difficult, as it will have an impact on your financial situation. Sometimes assets are difficult to divide or to determine the value of. Real estate, retirements, investments and owned businesses will all be taken into consideration when dividing assets.
4. What Is the Difference Between a Legal Separation and a Divorce?
In a legal separation, you are still legally married. In a divorce, the marriage is dissolved and legal ties are broken between you and your former spouse. There are many reasons people chose to legally separate before or instead of a divorce.
For instance, a legal separation allows you to remain on a joint health insurance plan. It can also help you to get to the 10-year mark that is necessary in order to draw on other parties’ social security benefits. Before going through a divorce, it is a good idea to consider a legal separation first and see if these benefits will be worth it to you both.
5. How Much Will My Divorce Cost?
The cost of divorce differs depending on the situation. The cost of your divorce will be determined by factors such as the complexity of the case as well as if certain things are contested in court. Typically, the more adversarial the divorce, the more it will cost.
Besides attorney costs, you may also be responsible for filing fees or a divorce mediator. Large, valuable property or businesses may need to be appraised by a divorce financial analyst, which will be an additional cost for you and the other party.
6. What Is Alimony?
In many divorce cases, alimony refers to one party giving the other regular payments required by law. There are certain things that will be taken into consideration to determine if alimony will be required or not.
Typically, the court will take into consideration that the married couple was considered a single unit. For example, if a spouse sacrificed a career to care for the home and children, the court may decide that this spouse will need spousal maintenance.
Spousal maintenance can have great financial impacts on both parties, so it’s best to find a lawyer who can fight for your financial needs.
If you are seeking spousal maintenance, you will want to make sure that you can prove that you will need financial support following the divorce. Make sure you have ways of proving that you will need spousal support to cover your basic needs.
Your Divorce Questions Answered
The process of divorce can be stressful and confusing. Make sure that you’re prepared for what’s to come by reviewing these divorce questions and answers.
By staying informed and having a good divorce attorney, you can take steps towards a divorce that ends in the best situation for you and your family.