29 Jun What to Expect When Filing for Divorce
Going through a divorce can be an overwhelming and emotional experience. That’s why it is important to understand the process and what to expect while going through it. In this lawyer blog post, we’ll discuss the key aspects of filing for divorce and what you can anticipate during this challenging time.
1. The Divorce Process: The divorce process may differ depending on the state you live in. However, most divorces begin with one spouse filing a petition for divorce in court. The petition generally includes information about child custody, property division, and support. After filing the petition, the other spouse has a certain amount of time to respond. If there is no response from the other spouse, the court may grant a default judgment in favor of the spouse who filed for divorce.
2. Child Custody: The court will decide who gets custody of the children. Usually, courts prefer joint custody, where both parents have the right to make decisions about their children’s lives. However, in certain situations such as abuse or neglect, sole custody may be granted to one parent. The court will also determine visitation rights and who will be responsible for child support.
3. Property Division: Dividing property can be a complex process. The court will look at various factors such as length of the marriage, value of the property, and the earning capabilities of each spouse. Generally, property acquired during the marriage is considered marital property and will be divided equally. However, property acquired before the marriage or received by one spouse through inheritance or gift may be considered separate property.
4. Support: The court may order one spouse to pay alimony or spousal support to the other spouse. The amount and duration of spousal support will depend on various factors such as the length of the marriage, the earning capability of each spouse, and the financial needs of the recipient spouse. In addition, the court may also order child support to be paid by one parent to the other parent.
5. Settlement: Most divorce cases are settled out of court. Both spouses and their lawyers can negotiate a settlement agreement that determines property division, child custody, and support. If both spouses agree on the terms of the settlement, the settlement agreement can be presented to the court for approval.
Filing for divorce can be a challenging and emotional time. However, understanding the process and what to expect can make it easier. Consulting with a qualified divorce lawyer can also provide you with the necessary guidance and support to navigate through this difficult time. If you are considering filing for divorce, contact us to schedule a consultation with one of our experienced attorneys. We are here to help you through this process.