If you and your spouse decide to divorce, you may feel overwhelmed. When the person you once shared your life with is no longer in your life, you’ll need to work with an experienced divorce law firm. Divorce laws and custody guidelines vary by state, and you need to work with an expert who can help you navigate the divorce process.
Before selecting a divorce lawyer, you should list your divorce consultation questions. You may wonder, “What should I ask for in a divorce?” According to Find Law, before you go into a negotiation session with your former spouse, know what issues most matter to you.
According to Forbes, the best time to file for divorce may be in January or February. By initiating a divorce at the beginning of the year, you can start the tax year with a financial “clean slate” – and avoid the busyness of the holiday season. Another question you might ask is, “Can your spouse force you to get a divorce?” According to Divorce Net, in most states, the answer is “no.” If one spouse refuses to sign the papers, the court will decide whether a divorce is granted.
When you are looking for a lawyer, it is a good idea not to simply say you are looking for a lawyer. You need to specify what type of lawyer you are looking for. Even though all lawyers have gone to law school, where they’ve learned from a similar curriculum, they often specialize in different areas. Some lawyers are better equipped to help with cases that involve sports medicine or construction, and others are more capable of helping people with matters that pertain to family law, for example. If you are in need of a family law attorney, it is good that you look for one specifically.
One reason why it is good to look for a professional who works in that specific area is so that you can have the appropriate assistance filling out legal documents. You need someone who actually has experience filling out these documents for someone else, so that they know exactly how the process goes and what can be expected once the papers are submitted. Also, you want to make sure that they fill out the documents correctly, whether they be child support court documents or court divorce papers online. If you are in need of a court templates download, they can help you with this as well.
Because of the intense emotions surrounding dissolving marriages, domestic violence, and child custody, family law is a particularly complex corner of the legal system. And most family law and divorce lawyers often answer the same questions repeatedly. And while the best divorce lawyers are happy to provide information, others just wish the public was better educated about the intricacies of family law.
So before you step into the courthouse (or if you’ve just been served), here are some of the most common family law questions answered:
Do one in two couples really get divorced?
More or less, although for first-time marriages the rate is closer to four out of ten. The rate goes up with the number of marriages.
Is it normal for young couples to get divorced?
Yes. In fact, the average age of divorcing couples is just 30 years old.
Can my social media activity be used against me? Can my wife/husband’s social media activity be used as evidence?
Absolutely, and 81% of divorce lawyers agree that the number of cases involving social networking-related evidence has gone way up in the last five years (thanks to Facebook).
Do I need a domestic violence attorney?
If you’re wondering if you need a domestic violence lawyer, the answer is probable yes. Many activists are now pushing for victims of domestic violence to receive free legal support (after all, the accused are entitled to legal representation).
What is mediated or collaborative divorce?
Although many couples go through a year-long, messy divorce case, more and more couples are choosing a collaborative divorce instead. In such cases, the soon-to-be-former spouses sit down and work out their differences without going to court. This is often the preferred type of divorce when children are involved.
Will I owe child support?
That depends on too many factors to give a yes-no answer, but typically, 18% of gross income will go to child support, or 20% (or more) for more children.
Are mothers really more likely to receive custody?
Yes, and many fathers’ rights activists are trying to achieve a more equitable system. Mothers receive custody about 79.6% of the time.
How will family law apply to the LGBT community?
With the passage of a national right to gay marriage, the same laws will apply to same-sex couples. Even so, the next few years will likely see changes to family law practice as the number of gay and lesbian divorce cases increases.
Why was my hearing so short?
Many legal hearings only last 15 minutes, so short hearings are totally normal.
Can gay and lesbian couples adopt?
Yes, and the Census Bureau reports that one quarter of same-sex households include children already.
If you have any more questions, then you might need to contact divorce lawyers in your area for more specific answers. State laws vary across the United States, so only a local family law firm or local divorce lawyers will be able to fully answer your questions.