Going through a divorce in life is never easy and rarely a simple process, especially if there are children involved or an extensive estate. When you are filing for divorce or if you have decided to separate from your current spouse, there may be a few family law questions you have in mind before moving forward. Understanding some of the most common family law questions that are likely to arise during the process of getting a divorce is a way for you to navigate the situation with grace, understanding, and the right priorities in order at all times.
What Expertise Do Family Lawyers Bring to the Table?
Before you begin hiring family law attorneys and asking family law questions regarding your divorce or any legal proceedings you’re involved in, it’s important to understand what a lawyer may bring to the table. Retaining legal counsel anytime you are going through a divorce is always recommended, even if you intend to file for divorce or a separation amicably from your current spouse. Family lawyers are not just experienced in handling a variety of divorce issues, but they are also well-versed in the law surrounding legal separation in the state you reside in.
Working with a family lawyer is a way for you to learn more about the ins and outs of your case, what it entails, and what you can expect in terms of settlements and legal outcomes. When working with a family attorney or law firm, you can also spend more time focusing on what matters most in terms of your relationships and finances. In addition, your attorney can help you manage your properties and any existing assets you have under your name. When you choose to hire a professional family lawyer, you can also ask them to act as a mediator on your behalf, making conversations and even potential negotiations much easier to go through while you’re in the middle of a divorce.
What’s the Difference Between Legal Separation and Divorce?
One of the most common family law questions you may have in mind when confronted with a divorce is understanding the difference between legal separation and divorce itself. Every time you meet with divorce lawyers you are thinking of retaining, it’s important to clarify the legal definition of both legal separations and divorces, especially in the state you intend to separate in. When it comes to legal separations, the process is not finalized with any documentation, providing a couple with the opportunity to live separately without ultimately ending their legal marriage.
An official divorce, however, legally ends an official binding marriage of a couple. A divorce will typically require the division of properties, assets, and investments. When you choose to move forward with the legal process of getting a divorce, and you have children under the age of 18 in the home, you will also need to consider potential child custody agreements and child support solutions that will be ideal for you and your children.
What Are the Most Common Issues in a Divorce?
When it comes to common family law questions, you may be wondering about the most common issues that are likely to arise while going through a divorce. Whether you intend to work with local family attorneys or child custody lawyers, it’s important to understand the surrounding circumstances of your divorce and which issues may come up once the filing and proceeding begins. Understanding the most common issues that occur during the divorce process will also help you to remain as focused as possible on what is most important at all times.
- Child Support: If there are children involved in a marriage, child support will likely be one of the biggest issues to arise while you are in the process of separating or filing for a legal divorce. Determining who will be responsible for child support and the amount required on a weekly, bi-weekly, or monthly basis will also be discussed when working with the right family law attorney by your side.
- Child Custody: Along the same lines as discussing child support, you will also need to determine child custody requirements when you are filing for divorce or going through a divorce. Determining where your children will reside, who will retain physical custody, or if you will be splitting joint custody with your children are all discussions you will need to have when filing for divorce.
- Assets and Debts: When you are getting a divorce, you will need to determine who will be assuming various assets and debts or if you will be splitting them after a sale. Dividing any investments, assets, and debts that you have taken on and assumed when married is an integral part of finalizing any divorce proceedings, regardless of how long you were married and in which state.
- Emotional Struggles: Oftentimes, getting a divorce is not painless, especially when one of the parties is hurt or betrayed by the actual separation in itself. Working with an attorney can help mitigate negative emotions by having someone to turn to who can act as a negotiator or mediator on your behalf, especially during tough times.
How Is Child Support Determined?
If you’re making a list of common family law questions before meeting with divorce attorneys, you may also want to know how child support is determined, especially if you expect you will need to pay child support regularly. Child support requirements will be based on the state you are getting divorced in and the income of each parent involved in raising the children in the household. Additional factors that may be taken into consideration by local divorce attorneys can include any special needs a child has, education costs, extracurricular activities, and even healthcare your child may need.
What’s the Difference Between Collaborative Divorce and Mediation?
While you are learning about popular family law questions, it is important for you to also consider working with a collaborative divorce attorney, especially if you believe it is possible to separate from your current spouse without constant fighting or disputes. A collaborative divorce lawyer can assist by including all attorneys and parties involved in the separation process without involving intervention from the court system itself. Collaborative attorneys are ideal if you and your ex-partner are willing to work together in the presence of lawyers.
The mediation process is typically classified as working with a neutral third party to aid in communications and negotiations while you’re going through a divorce. A mediation solution is ideal if you cannot amicably communicate with your spouse while you are filing for a separation or if you’re interested in learning more about potential outcomes in terms of alimony, child custody, and even child support rulings. Working with the right attorneys and mediators can walk you through this process without requiring you to do so on your own face-to-face with your ex-spouse.
How Can Divorce Affect Insurance?
Anytime you are legally separating from someone, you may be curious about how the divorce will directly impact your life, health, and even car insurance. When you are learning some of the most common family law questions as you separate from your spouse, asking about insurance changes and the impact the separation is likely to have on existing insurance rates is essential. When you’re aware of what to expect in terms of insurance updates or rate changes, the easier it will be for you to prepare with a new coverage provider ahead of time, if necessary.
After a separation, healthcare coverage may be lost, depending on who is responsible for paying for the healthcare monthly. Life insurance beneficiaries may need to be updated, and home and auto insurance will likely need to be reevaluated and readjusted to determine proper rates and coverage options.
What Are the Pitfalls of Not Having an Updated Estate Plan?
Family law questions are not just limited to the divorce process itself. If you have any assets or properties to your name, it’s essential to work with the right estate lawyer to ensure your estate plan is updated and in proper order. If your estate plan is not updated, there are many potential risks.
If your estate plan is not updated, you run the risk of missing out on dividing your investments or assets as desired. Legal battles and disputes are much more likely to arise if your estate plan is not updated before and after a divorce.
How Are Assets Divided in Divorce?
If you’re reviewing a list of popular family law questions, asking about the division of your assets during a divorce is highly advisable. Once you begin to work with real estate attorneys while filing for a divorce, you can inquire about your options in terms of equitable division, community property, and even the circumstances and reasoning behind your divorce itself.
When assets are divided based on equitable redistribution, they may not be distributed equally but based on the needs of the individuals involved in the separation. For example, if your spouse has never worked during the marriage but you have multiple properties to your name, your spouse may be entitled to some of your assets, depending on how long you were married and the reason for your divorce. Working with a professional attorney can help guide you through the process of dividing your assets and investments based on circumstances and your current income label and investments.
How Much Does Divorce Cost?
When reviewing common family law questions, you will likely want to know how much your divorce will cost you, especially once you begin working with a qualified divorce attorney by your side. Working with your divorce lawyer can help you determine how much your divorce will cost based on the surrounding circumstances of your divorce, your current income, and the state you live in. The right attorney can help you estimate fees, attorney costs, and even court costs before you move forward with the decision.
How Does Alimony Work?
When you begin working with attorneys specializing in divorce proceedings and family law, you may be curious about how alimony works, especially if you’re in the process of getting a divorce. In most cases, alimony is classified as financial support that is paid from one spouse to a former partner after a legal separation is complete. Alimony amounts will be calculated based on a variety of factors, including income and, in some cases, even the reason for the divorce itself.
In some states, when divorce is due to infidelity or cheating, alimony may skyrocket due to invalidating a marriage contract with a spouse. It is also important to note that alimony requirements may be temporary in many instances. However, some orders may also be permanent, depending on the surrounding circumstances of your divorce and the current state you reside in. Ultimately, alimony payments will be calculated based on the length of the duration of a marriage, the income of those involved in the marriage, and the reason for divorce or separation.
Working with a family lawyer will help walk you through the process of better understanding potential alimony you may receive or be responsible for, depending on your position in the event of a divorce. Reviewing financial statements, income tax reports, and other assets may also help determine and calculate an accurate alimony payment you can expect or be required to pay once your divorce is finalized. Keep in mind that children and your soon-to-be ex-spouse’s income and financial support needs will also be taken into consideration when determining if you are responsible for additional alimony payments once you are no longer together.
Decoding common family law questions you may have when you’re going through a divorce is highly recommended before settling on decisions that are right for you and your family’s future. The more familiar you become with various family law questions that are commonly asked, the less likely you are to feel overwhelmed once it is time for you to start working with a family attorney to represent you and your divorce case. When you know what to expect during a divorce, regardless of the reason for your separation, you can approach the process with the right mindset at all times.
