Facing the prospect of filing for divorce, or knowing your spouse intends to start marriage dissolution proceedings, requires you to do some homework. Before proceeding with--or responding to--a divorce, familiarize yourself with basic facts about this area of the law. You should obtain answers to basic questions surrounding the marriage termination process.
Types
High on your list must be understanding the specific divorce options available in your state. There are two types of divorce proceedings, depending on where you live in the United States, according to "The Complete Divorce Handbook: A Practical Guide," by Brette McWhorter Sember. A fault divorce requires a demonstration that one of the spouses is guilty of misconduct, like adultery. No-fault divorce statutes include no such requirement. Rather, the spouses must demonstrate irreconcilable differences and no reasonable prospect of reconciliation.
Time Frame
A common question associated with the marriage dissolution process centers on the length of a divorce case. How long will it take? Many factors play into how much time passes between filing a divorce petition and the date you obtain a final decree, according to the American Bar Association Section of Family Law. For example, some states require specific waiting periods from the filing date to the point in time when the judge can grant a divorce. A primary element that contributes to the length of divorce proceedings is the ability of you and your spouse to settle your issues through negotiation.
Features
A divorce case is designed not only to end your marriage, but also to resolve all other issues connected to your marital relationship, according to FindLaw. For example, through the divorce process, issues surrounding financial matters and your children are resolved either through negotiations with your spouse or orders of the court.
Cost
One of your significant concerns likely is the cost of a divorce. Not considering division of assets with your spouse, the most expensive aspect of divorce proceedings is typically attorney fees, according to Sember and the American Bar Association. Even for a simple, uncontested divorce, in 2010 you are looking at spending between $500 and $1,000 for lawyer fees. These costs increase the more complex and contested your divorce proceedings become.
Expert Assistance
Planning for a divorce may lead you to ponder the necessity of legal representation. Although you have the right to represent yourself in divorce proceedings, this area of the law is complex. Therefore, your rights and interests likely are best protected if you retain a lawyer. The American Bar Association provides resources to assist you in finding a suitable lawyer for your divorce case.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
