Frequently Asked Questions About Divorce
When someone files for divorce, they tend to have a lot questions about the process. Before hiring an attorney it’s important to go in with some knowledge about the process instead of nothing at all. Here are a couple of the most common asked questions couples have about divorce.
1. What is the difference between legal separation and divorce?
• Unlike divorce, legal separation doesn’t end a marriage. Legal separation allows the couple to live separately, but they are still legally married. During the time the couple is living apart, they must follow the rules and responsibilities the court made for them. Examples of these rules are paying child support and custody of a child.
2. What is an annulment?
• An annulment is a legal procedure that cancels a marriage. Annulling a marriage is as though it is completely erased. It declares that the marriage never technically existed and was never valid.
3. Does my spouse have to agree with the decision to get a divorce?
• No. You may obtain a divorce regardless of how your spouse feels about it, as long as you, and at least one witness, can testify to the facts, such as the one-year separation, necessary to establish grounds for divorce.
4. What is alimony?
• Alimony is an allowance paid under court by once spouse to another when they are separated, not divorced.
5. Who gets alimony, and why?
• Alimony is hard to predict. Although there are no exact guidelines in deciding who receives alimony, there are certain factors a judge must consider. Some factors include: The lifestyle of each partner, the length of the marriage, and the amount of property that needs to be divided.
6. How long does it take for a divorce to be final?
• Everyone’s experience with divorce is different, so there’s not straight answer to this question. Most states require a mandatory waiting period between the filing of your divorce petition and when the court will issue your final divorce decree. The average mandatory waiting period is between 30 and 90 days.
7. Can I date while my divorce is being processed?
• There is no specific rule that states you can’t date while getting a divorce. Most attorneys advise people not to date considering going through a divorce is a very stressful and confusing time. Dating someone during this time can add to the person’s stress. Judges rarely punish someone who begins dating once they have physically separated from their spouse.
Here at Scott Levine we want nothing more than to help with any problems you may have. If you have more questions regarding the divorce process, don’t hesitate to reach out to us!