How does the divorce process start?
Divorces are initiated when a spouse files a legal document, sometimes called a “petition for dissolution” in the state’s family court. They may cite reasons such as:
Is there such a thing as a “no-fault” divorce?
- Cruelty, including inflicting unnecessary physical or emotional pain
- Adultery
- Desertion
- A prison term
- The inability to engage in sexual intercourse
Yes. These are divorces that can be granted without proving that one of the spouses did something wrong.
Most states have acknowledged “no-fault” reasons to grant a divorce, most frequently “irreconcilable differences” – a fancy way of saying that the couple can’t get along.
What should I expect from the divorce process?
Most states have acknowledged “no-fault” reasons to grant a divorce, most frequently “irreconcilable differences” – a fancy way of saying that the couple can’t get along.
Because of the issues posed by property and children, the divorce process often can be complex and slow-moving. In extreme cases, divorces can last several years, though the process can move along more quickly if both spouses can compromise and cooperate with one another.
Here’s how it often plays out:
What typically gets divided between the couple in a divorce?
Here’s how it often plays out:
- The legal process begins once the “petition for dissolution” or similar document is filed with the court.
- Next, the other spouse will receive a copy of the complaint, along with a summons that requires him or her to respond by a certain time. The response should explain the resolution that the second spouse is seeking.
- “Discovery” then begins – the process of sharing information between both sides that will help settle issues such as spousal and child support, and how property will be split.
- At this point, the case can proceed one of two ways:
- The couple may agree to settle out of court, with a judge approving the settlement.
- If there is no agreement, the divorce will be settled by a judge, who will be presented with evidence and testimony before making his or her ruling. Under this scenario, the judge will decide on child and spousal support, child custody, how property will be divided, and other similar issues.
A judge can divide tangible and intangible property that the couple attained during their marriage.
Tangible property can include:
Are separation agreements helpful?
Tangible property can include:
- The marital home
- Any other real estate, including a vacation or second home
- Money
- Investments, including stocks and bonds
- Any vehicles, including cars, motorcycles, and boats
- Home appliances and furnishings
- Pensions, retirement and savings plans
- Businesses either may own
Yes, particularly when the financial situations are different for each party, common when one spouse works full-time while the other stays home to raise children.
A separation agreement will address many of the things that would otherwise be at the discretion of a judge, including:
How do you make sure all assets are accounted for?
A separation agreement will address many of the things that would otherwise be at the discretion of a judge, including:
- Child custody and support
- Visitation
- Spousal support or alimony
- Children’s expenses
- Division of property
The “discovery” process is one in which documents and information are shared that divulge the income, assets, and liabilities of both parties. Those can include documents such as tax returns, bank account statements, and real estate records.
Also, each spouse likely will be questioned – under oath – by the other’s attorney at a deposition. Other people may be deposed as well, including professional and personal acquaintances.
What about property the spouses owned before the marriage?
Also, each spouse likely will be questioned – under oath – by the other’s attorney at a deposition. Other people may be deposed as well, including professional and personal acquaintances.
Does that get divided too?
As a rule, individual property that each spouse owned before they were married remains their own. However, a judge has discretion to divide all property.
How does a court determine spousal support or alimony?
As a rule, individual property that each spouse owned before they were married remains their own. However, a judge has discretion to divide all property.
Generally, the spouse with the higher income will be required to pay support for a period of time. Many factors can come into play, including:
How is child support determined?
- Each spouse’s age and health
- The length of the marriage
- Both spouse’s ability to support themselves and their children
Child support guidelines have been set by every state but almost always are based on some universal factors:
Can child support be changed?
- Parents’ income and ability to pay
- Parents’ expenses
- Children’s needs
- The standard of living before the divorce or separation
Yes.
In many cases, the original child support order may have put future changes in place, including the elimination of support when a child reaches a certain age or an increase when a child starts college.
Also, parents may agree to an increase or decrease, but the court must approve.
If only one parent wants a change, he or she can petition the court for a different amount. A judge then will rule based on several issues, which can include:
Does the ruling of a judge in one state hold up if a parent moves to another state?
In many cases, the original child support order may have put future changes in place, including the elimination of support when a child reaches a certain age or an increase when a child starts college.
Also, parents may agree to an increase or decrease, but the court must approve.
If only one parent wants a change, he or she can petition the court for a different amount. A judge then will rule based on several issues, which can include:
- A large change in one parent’s income
- A change in a child’s needs
Yes. Child support orders can be upheld regardless of the state in which the paying parent lives. A qualified attorney can help you navigate the process of enforcing payment across state lines.
How does a court decide who gets custody?
If custody is disputed, a judge will decide based on what’s in the child’s best interests. Several factors can be considered, including:
What is “joint custody”?
- A child’s age, gender and health
- Parents’ health and lifestyles
- Whether either of the parents is unemployed
- Emotional bonds
- Parents’ ability to guide and provide for their children
- The children’s activities
“Joint custody” is often awarded, meaning both parents get partial custody, even if one parent objects. Joint custody often means children spend a great deal of time with both parents, and that both parents make decisions about their children together.
I’m the father. Will that keep me from getting custody?
Courts award custody based on the best interests of the children, regardless of the parent’s gender. Particularly in cases when both parents work and the children participate in daycare or after-school care, both parents may be considered for custody.
