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Divorce Facts: 5 Commonly Asked Questions About Divorce Proceedings
Just like all things in life, there’s a first for everything. Not everyone will get a divorce in their lifetime, but for those who do, the situation can be both stressful and confusing. However, clearing up some confusions regarding divorce proceedings can make the process that much easier.
What’s the difference between a contested and uncontested divorce?
A contested divorce is a messier process than an uncontested divorce. This is when the spouses either do not agree on the divorce or have disagreements on aspects of the divorce. However, going to court to settle either issues doesn’t have to be a requirement. To save money, time, and stress, it is best to settle disputes without going to court.
However, an uncontested divorce is when both spouses agree with the divorce and any aspects that come with it. But there are still certain situations where an uncontested divorce isn’t ideal and can hold more cons than pros.
Is it a requirement for me to go to court?
A common question about divorce is whether or not going to court will be necessary during the process. The answer is not a simple yes or a no. Although, most divorce cases do not involve physically going to court. With that in mind, the probability of having to go to court is low.
Do keep in mind that if there is a disagreement between the spouses, physical court appearances may be required.
What issues are involved in a divorce?
The issues involved in a divorce can vary, but common aspects that come up include:
- Property division. This can include homes, land, businesses, furniture, savings accounts, vehicles, and other assets.
- Child and/or spousal support. If under age 18, child support will be required. Spousal support may also be required to assist the spouse with their standard of living.
- Custody of children. Legal custody, visitation rights, and finances for raising the child(ren) will be discussed if applicable.
- Attorney’s fees. Both the financial situation of the spouse who didn’t initiate the divorce as well as whether or not the divorce was uncontested will play a role.
How long does the divorce process typically take?
There really is no particular timeline for a divorce to be fully processed. A divorce can take anywhere from 3 to 24 months.
As expected, an uncontested divorce is quicker and smoother as both parties agree. That said, the typical divorce would be approximately 3 months. For a contested divorce, 12 months is the average timeline as a trial may be involved.
Also, if you have not been a resident of your current state for a certain amount of time, this may be another factor that weighs in regarding when you can finalize your divorce.
What are the first steps I must make to file a divorce?
There are multiple steps involved in a divorce, but the first step is to file a petition. Whether or not there is an agreement for the divorce, one of the spouses will need to petition to court regarding the divorce.
Other steps may include:
- Temporary orders
- Service of process
- Party response
- Negotiation
- Trial
- Order of dissolution
Conclusion
Even if you have been divorced in the past or think you know the full process of a divorce proceeding, do keep in mind that every divorce is different. However, doing the proper research you have further questions about is potent before completely immersing yourself into the process.
