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Divorce FAQs

Frequently Asked Questions

The following frequently asked questions and answers are general in nature. They are not intended to replace an attorney-client relationship or to substitute specific legal advice. Always check with a divorce attorney before making any final decisions.

Question 1. If my spouse has left and I have no idea where he is, can I still get a divorce?

Answer: If you don’t know where your spouse is located it doesn’t mean you can’t get a divorce. There are ways to serve your spouse with papers even without knowing their whereabouts. But you will have to show the divorce court that you have made an effort to find them.

Question 2. If my spouse and I have expensive items in our home that still have an outstanding debt, how do we divide up the debts?

Answer: A good attorney will help you divide up assets and debt. A judge will honor all requests as long as both parties agree.

Question 3. My spouse is in prison. Can I still get a divorce?

Answer: Yes you can. It is best if your spouse is in agreement with the divorce and signs the papers, but an attorney can conduct a Default Divorce, which is possible, but a little more difficult. The only thing that stands in the way of a Default Divorce is if it’s a contested divorce.

Question 4. Can I still get a divorce if I’m the one that leaves the home?

Answer: If your spouse’s actions do not warrant your leaving the home, he or she may be able to sue for desertion. There are circumstances that would warrant leaving the home so it would be best to consult an attorney if you wish to succeed in getting a divorce.

Question 5. If my spouse is abusive and I leave the home due to abuse, can I be charged with desertion?

Answer: If you leave your spouse because of abuse, and your spouse sues you for divorce on grounds of desertion, you can claim and prove that you left because of his or her abusive behavior. In that case you have your own grounds for a limited divorce called “construction desertion” which occurs when one party is forced to leave the home as a result of abuse.

Question 6. Is it okay to date if my husband and I are separated?

Answer: Either party can charge the other with adultery at any time and the existence of a separation agreement does not protect a party from being charged. Any behavior could be used against you to establish adultery.

Question 7. How long does it take to get divorced?

Answer: There are a number of factors that determine the length of time for the dissolution of a marriage (divorce waiting period), but once the initial papers are filed and served on the opposing party, the fastest amount of time for a divorce to be final is six months and one day. The more complicated the issues, the longer it can take.

Question 8. What are the grounds for divorce?

Answer: Dissolution of a marriage can be based on irreconcilable differences causing a breakdown of the marriage or incurable insanity.

Question 9. Will my spouse be ordered to pay child and spousal support while the divorce is pending?

Answer: Once a divorce has been initiated, temporary orders can be entered for child support or alimony (spousal support) as well as custody and visitation issues pending a final dissolution.

Question 10. While going through the divorce, will I be obliged to pay my spouse’s attorney fees?

Answer: If you make more money than your spouse or if she or he has no means of income, you may have to pay a share of his or her attorney fees. The amount is based on his or her need and your ability to pay.

Question 11. How is Child Support determined?

Answer: Child support is determined by a state’s mandated rule. When deciding on child support, the amount of time each parent sees the child, the number of children involved and each party’s income and tax filing status are all factors in the decision.

Question 12. Will I have to pay child support if I have little or no income?

Answer: Yes, child support is a duty. But, if the person obliged to pay child support has a net monthly income of less than one thousand dollars, the judge may consider a low-income adjustment to the child support payment.

About the Divorce Attorneys at Straight Divorce

When dealing with family law and divorce issues, a divorce attorney can help make the transition a little smoother. Making the divorce process as simple as possible, the divorce lawyers at Straight Divorce are available for consultation by filling out the free divorce case review or by calling us at 1 (877) 420-6657.
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