Answering Questions About Divorce

Answering Questions About Divorce

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It is hard for many people to admit, but sometimes getting divorced is the only way to live a happy and healthy life. When thinking about a divorce, there are several other items that are factors in this big decision. Before filing, take the time to look into what the divorce process involves and what changes it will cause in your life. In this article, we want to answer your questions about divorce and some of the negative impacts it may create.

What is an uncontested divorce?

An uncontested divorce is generally a divorce that the two parties agree on. They work out the specifics of their assets and split them up according to mutual agreements outside of court. With an uncontested divorce, there is no alimony, child support, or custody issues. Once a couple has decided to have an uncontested divorce, they need to put their agreement in writing and present it to their local courthouse. If the court deems that the agreement is fair for both parties, they grant the couple a divorce. An uncontested divorce is also quicker and the couple does not need to wait as long until it becomes final.

How do I go about filing for a divorce?

To file for divorce without your spouse knowing, simply go to the courthouse and fill out the appropriate paperwork. The best way to make sure that you do everything the right way is to hire a lawyer to file your papers. If you're unsure about how your spouse will react, a lawyer will help you get the entire process taken care of, and your spouse will have no knowledge of it until the papers are served. If your spouse gets angry easily, this could be the best thing to do because it allows you to be away from home when the papers get served, preventing any confrontation.

I've heard of common-law marriages. Is there such a thing as common-law divorce?

No, there is not such a thing as common law divorce. You cannot be granted a divorce simply by living apart from your spouse for an extended period of time. Most states required, at the very least, a written agreement submitted to the court that states your intention to divorce each other or of your intent to separate from each other. In most states, common law marriage is a recognized form of marriage. This is not so with divorce, though. If you both agree to a divorce, contact a lawyer or your county courthouse to find out the very least you need to do to be granted a divorce.

It is only a few weeks before my divorce will become final. Would it be illegal for my spouse to marry again before it has become officially complete?

Legally, yes it is. Being married to more than one person at once is against the law. You cannot marry another person until your divorce is absolutely final, as this would break state bigamy laws. But this is just a formality. Many states would not regard the second marriage as purposefully breaking the law. If your spouse gets married before the final divorce hearing, you could try to get them in trouble for committing bigamy, but most likely nothing would come of it because neither the lawyers nor the court system actively pursues these cases.

My spouse is serving in the Armed Forces. Can I still file for divorce?

It does not matter where your spouse is physically, you can still file for a divorce. Whether they are in Iraq, prison, or anywhere else, you can file for legal divorce with the help of an attorney. Certain situations will make some divorces tricky, so it is best to consult with a trusted divorce attorney to make sure everything is done correctly. Some states have specific laws regarding this type of divorce, but a lawyer in your state will be able to answer all of your specific questions about it. Similarly, your spouse can file for divorce against you no matter where you are.

About the Author:
Andrew Tenco has been happily divorced for 10 years thanks to the help he received from Family Law attorney in Yolo County. With a wonderful Placer County divorce lawyer like Patricia D Clark, Andrew was able to settle his divorce quickly and easily, avoiding some of the mistakes commonly made by other Sacramento divorce lawyers.



Article Originally Published On: http://www.articlesnatch.com


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