Anyone who is going through divorce will most likely have some questions. Every situation is unique to each couple, with children, assets, debts and other factors complicating the process. If you are going through divorce, you may have some questions for a divorce lawyer, like from the Law Office of Daniel Wright. The following are some common questions and answers about divorce.
Do I Need to Prove Fault?
There are two types of divorce: Fault and No Fault. If your divorce is fault based, you will need to prove one or more of six types of marital misconduct. This includes adultery, bigamy, criminal imprisonment, cruel and barbarous treatment, desertion, or indignities. Some of these things would be easy to prove, such as your spouse being imprisoned for a crime. Others might be more difficult, such as adultery or cruel treatment.
If there has been no misconduct in your marriage, you would file a no-fault divorce. When this is the case, you must be able to prove your marriage is broken to the degree it can’t be fixed. Irreconcilable differences could include failure to communicate, differing political views, unwanted in-law involvement, lack of intimacy and other similar issues.
Should I Hire an Attorney?
In most divorce cases, you’ll want to hire an attorney to assist you. Uncontested divorces are far and few between, so even if you think you and your spouse will agree on everything, a lawyer can help you should something go awry. If everything does go smoothly, you should at least have a lawyer look over the settlement to be sure it’s all in order before you file it with the court.
Can I Change My Name During My Divorce?
Yes. It’s a lot easier to get your name changed during your divorce than to wait until a later time. If you took on your spouse’s last name when you were married, you can file a written notice of resumption to continue using your maiden name.
Can I Get Divorced If My Spouse Doesn’t Want To?
Yes, but it’s probably going to take a lot longer. Many state’s laws require you to be separated for at least two years before you can file for divorce. After you have waited two years, you can file a unilateral divorce.
Contacting a Lawyer to Begin the Process
There are often a lot of factors at play when a couple gets divorced. Whether you feel your case is complicated or not, it’s nice to have an attorney at your side to answer all of your questions.