Divorce can be a challenging thing to go through without having proper support. Many people have questions about what the process entails, as well as what laws are set in place where they live. Not having the answers to these questions can be disastrous moving forward as you could possibly end up with nothing to fight against your spouse. This is why it’s important to know everything there is to know about this type of separation. These are just seven of the most frequently asked questions about it and valuable information you will need in the future.
1. What Are the Procedures for Divorce?
To begin a separation, you must file for divorce. This starts by filing a document called a Complaint or a Petition with the court. The name depends on the state in which you currently inhabit. A copy of the Complaint is then served to your spouse by a process server. If you and your spouse are in agreement for the separation, this step can be skipped.
There will be a limited amount of days that your spouse can respond to this request. The response from your spouse will determine how the case takes off from there. If you both reach an agreement, your spouse will need to file a response agreeing with the request of the Complaint, or challenging it. If they choose to ignore your request, numerous documents will need to be filed to begin formal court hearings.
2. How Much Does Divorce Cost?
When filing for divorce there are fixed costs and fluctuating costs. Fixed costs can include fees paid to the court and fees for legal papers to be served to your spouse. These costs range from $200 to $500 depending on the state you live in.
A fluctuating cost is something that will change as time progresses. This includes hiring a divorce lawyer in Westminster. Attorney fees will only increase the longer the process is continuing. Other additional fees could possibly be for hiring a financial analyst or a mediator.
3. How Long Does Divorce Take?
Again, this varies depending on several factors involved. Each state has different legal requirements, your spouse may be unwilling to negotiate, or there could be huge financial problems that take longer to discuss. The legal requirements for each state are listed as the following:
- Length of Residency: Parties must both be a resident of the state ranging from no time to one year depending on where you live.
- Waiting Periods: Some states require a length of time to pass before filing and scheduling court hearings.
- Length of Separation: You and your spouse must be living apart for a certain period of time to file.
- Other Factors: Marriage counseling, mediation, educational classes, and hiring a child custody lawyer in Erie are just a few of the other factors that may affect the length of time it takes to get a divorce.
4. How Can I Shorten the Length of Time Before I Can File for Divorce?
In certain states, they require that you must be separated from your spouse for up to two years before you can even think about filing. This can hurt a lot of families by not being able to separate earlier. There are still ways to fast-track this process. You will need to find out what fault-based grounds are allowed in your state and use one of those to file. To ensure that you can prove one of these fault-based grounds, the state will do an extensive search, which may not save you any time at all.
Another way to get around the lengthy process is by moving to a state that has no waiting period. However, you may run into a problem where you will have to be a resident of that state for a certain period of time. This can range from three months to two years.
5. What Happens If I Can’t Find My Spouse?
Even if you’re unsure of where your spouse may be hiding, you are still able to file. There are certain steps you will need to take to help find your spouse to notify them you have filed for this type of separation. In most cases, you can usually find your spouse by asking friends and family if they’ve heard from them, checking telephone listings in your area, and checking other properties they may own. A notice can be published in the newspaper if you still can’t locate your spouse.
Only after this is done will you be able to proceed with your case. With the help of a divorce lawyer in Erie, you will be able to get through the process, as well as custody of your children. The only problem you will run into is a full resolution on any property and child support, which cannot be resolved until your spouse receives the court papers.
You’re not alone when it comes to understanding the ins and outs of this type of separation. Most people have several questions they need to ask their lawyer in Broomfield. To feel more prepared before filing for this type of separation, try researching as much as you can about all things relating to that topic. This can mean the types of divorces available, your state’s laws regarding it, alimony, child custody, child support, and what to do if you have to go to court. Along with the questions answered in this article, you can be ready to take on whatever comes your way during this type of proceeding.