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Essential Documents for Divorce
Common Divorce Questions
What is a “no-fault” divorce?
While there are many reasons why a marriage can come to an end, a no-fault divorce can be used when you and your partner have simply agreed to move on. In other words, in a no-fault divorce, neither party has accused the other of any wrongdoing or needs to prove any; as a result, the divorce process can be easier.
How do the courts determine child custody?
Child custody is perhaps the most delicate matter in a divorce. In most cases, custody is agreed upon between both parents during mediation. However, if no agreement can be reached, a judge will decide custody rights based on the best interest of the child. This decision factors in important considerations, such as each parent's ability to provide economically and emotionally. If custody cannot be agreed on it is very likely in your best interest to consult an attorney.
How long does it take to get a divorce?
You may be ready to move on but the courts need to be ready too. Before you get your divorce papers, most states require a waiting period after filing. In most jurisdictions this period is around 90 days, however, it can be as long as a year. Aside from the mandatory waiting period, any complications with custody, division of assets, or support payments can slow the process.
What’s the difference between divorce, annulment, and legal separation?
While all three essentially reach the same end, they each have distinct legal ramifications. An annulment, like a divorce, legally ends a marriage but does so by treating the marriage as if it never happened. These are quite rare. A divorce means both spouses go through a legal process where they are no longer marriage and divide up assets, such as property, and responsibilities, such as child care. Legal separation, on the other hand, leaves the marriage legally intact despite going through many of the same procedures such as asset division and custody.
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