Frequently Asked Divorce Answer & Questions Content
1. How do I keep a track of divorce proceedings?
If you have already turned in all the paperwork and paid the fee but aren’t being notified about proceedings, simply call up the courthouse. You could also pay a small visit and ask around in the office. In case you are not able to visit the courthouse on a regular basis for whatever reason, simply find the authorized online portal of the court or the government from where you can extract information about your case. For instance, people in Indiana can log into mycase.in.gov for regular updates and details. Courts that have online services usually give out corresponding details at the time of filing.
2. When should the kids know about the impending divorce?
Several factors play a part in determining the right time to tell your kids about the divorce. If you are prompted to answer directly, it is always best to be honest about the situation. Lying or avoiding the question altogether will only make things worse. For instance, your kid may stop trusting you on key issues. But on the other hand, if you are not confronted with the question, you have enough time on your hands to provide a well-rounded and convincing answer. The earlier the better. The last thing you’d want is to have someone else tell your child – imagine a close friend breaking the news. Such situations will make the whole ordeal very bitter. Once you have made up your mind, prepare yourself with answers that will give some closure to your child. Once the dust settles, all shall be fine and your child will come to terms with it.
3. My husband lives in a different state and I have no contact with him. How do I file for a divorce?
If you are aware of his exact address, then filing for divorce in that particular state is bound to speed things up. Your husband will be notified at his address. But if you are completely in the dark about his whereabouts, it is possible to serve him through publication. However, things can get quite tricky when you are facing a situation like this. It’s also an indication of how the divorce (if put forward) didn’t go according to plan previously. So it becomes essential to have a lawyer by your side when you are doing this.
4. Me and my wife are going through a divorce and can’t agree on the house that we bought together. What are my options?
In most cases, the couples do agree to split the value of the house or have the property itself split based on their personal investments. If you are not able to come to an amicable agreement, then its better have it included as a part of divorce proceedings. Amend your case with an extra count of partition. Judges usually order the house to be sold, but rare cases may receive specialized orders. Read our guide on who get what in a divorce to help get a better understanding of the overall process.
5. My trial starts next week and my divorce attorney backed out due to personal reasons. Where do I go from here?
First of all, do not panic. If your attorney wants to back out, let he or she do so, but do put a condition forward. Request your attorney to ask for permission from the court to withdraw from the case. If the judge does grant the permission (which is the most likely scenario), then rest assured that your case will proceed according to plan and the trail will take place on the scheduled date.
6. Do I have to file a separation agreement if I decide to part ways with my partner?
No, you don’t really have to file a separation agreement with a court. It is not required by law. However, if you would want some conditions and obligations to be enforced by law, then hiring a lawyer to make it all official at the courts is indeed a good idea. Separation agreements are inexpensive to draft and shouldn’t really cost you much to get done. Doing so should get most of your marital issues sorted out – leaving out divorce, which can be dealt with later.
7. How long will it take me to get a divorce?
Every case is unique and the time varies according to how certain requirements get fulfilled and the state that your filing in. For instance, in many states, it is necessary for the couple to be living separately for a specified duration before a divorce can be granted. In other states, judges may push both parties to first mediate and resolve existing disputes between them. Sometimes, the court’s docket backlog also might be large enough to make your wait months before even proceedings begin.
8. We’ve been married for 5 years, now that I want to divorce, how much spousal support will I get?
The number of years that you have been married doesn’t really matter and ultimately has no bearing on the kind of support you will receive. Instead, a careful evaluation of all available resources will be made by both parties and a mutual solution will be agreed upon. Based on such an evaluation, the spousal support will also be calculated in terms of cash. But it should be kept in mind that a remarriage terminates all such agreements.
9. Do I really have to go to court to get divorced?
Yes! Sounds like an easy way out too, doesn’t it? Mediation is key. There are tons of professional mediation services available that can help you mediate with your partner on the terms of the divorce. Once the process is over, a stipulated judgment will be passed on to the court and that will be entered as the official judgment – without you having to appear in the front of a judge even once.
10. I put my wife through school, can I be compensated for that?
Yes. In fact, if you have worked hard to bestow a great benefit to another party you stand every chance of being compensated. This is well settled in California law. There are other states and countries that have a similar law. The only clause is that the benefit should not be susceptible to division, otherwise it becomes a mere division of the transaction.