When a marriage breaks down, one of the parties involved normally files for a divorce. The issues involved in a divorce are overwhelming, especially if you have never divorced before. Here are some answers to frequently asked questions about divorces.
How Much Will the Divorce Cost?
One of the first questions you're likely to ask your divorce attorney is the cost of your divorce. The complexity of your case determines this and whether your divorce is contested or not. An uncontested divorce costs less than a contested one. The more adversarial your case is, the more expensive it's going to cost. Generally, you have to pay attorney fees and also court filing fees.
If the laws in your state require you to go through a divorce mediator, that's an additional cost. Furthermore, if you're splitting large assets and there's property to be appraised, you'll have to hire a divorce financial analyst. Your divorce attorney will break down the expenses you're going to pay for based on the issues involved in your case.
What Are the Grounds for Divorce?
Generally, if you can prove irreconcilable differences in your relationship, you can file for a divorce. Some states have specific grounds for filing for a divorce. For example, in New York, you can file for a divorce on the following grounds: adultery, imprisonment, abandonment, inhumane treatment, separate living conditions, and an irretrievable breakdown in a relationship.
If your reason for divorce is based on any of these grounds, you need to prove the misconduct. For instance, if you're divorcing your spouse because of adultery, simply having suspicions isn't enough. You're required to prove they committed adultery. However, your spouse can contest the divorce based on several grounds. These include condonation, connivance, provocation, and collusion.
What Is a No-Fault Divorce?
In a no-fault divorce, the spouse filing for divorce doesn't need to show the other spouse's fault. These types of divorces are based on an irreparable breakdown of the marriage or irreconcilable differences. For these types of divorces, one spouse cannot contest or object to the other's petition for divorce. The court can view the objection as an irreconcilable difference.
While many states acknowledge no-fault divorces, some states require spouses to have lived separately for a specific period before filing for a divorce. For no-fault divorces, your spouse doesn't have to agree to the divorce. Your divorce lawyer can still file for divorce, and if your spouse doesn't show up, the court may grant a default ruling on divorce.
Contact a divorce lawyer for more information.
Hello, I'm Phillip Kerr and I just love the legal profession and courtroom drama. Have you ever watched judge shows on TV? I know that these shows are not an accurate representation of the courtroom, but there is something you may have noticed. Some individuals come into the courtroom well-dressed, articulate, respectful and with the knowledge and documents necessary to support a case, while others come unprepared, slovenly dressed and appear as if they do not have a care in the world. How you present yourself and the knowledge that you have of the law will have an impact on how you are treated, even if you have legal representation. This blog is designed to assist those who are going to trial in doing just that.