If you are thinking about filing for a divorce, you might have several questions in mind that you want to be addressed. Don’t worry, you are not alone. Other married couples who are going through tough times also have at least a few questions about getting a divorce.
Check out some of the commonly asked questions about divorce family lawyers hear from their clients.
What is a divorce?
A divorce is an action taken by a married couple to legally terminate their marriage or marital union. A divorce, also known as dissolution of marriage, is categorized into two types- the fault divorce and the no-fault divorce.
What is a fault divorce and what are its grounds?
With a fault-based divorce, the spouse who is filing for a divorce application needs to declare that the reason why he/she wants to legally end his/her marriage is that his/her spouse has done something wrong or at fault. The divorcing couple does not have to live separately and apart from each other.
The fault divorce is popular among those who are interested in receiving a larger percentage of the couple’s conjugal properties. If the filing spouse proves that his/her spouse is indeed at fault, he/she might be able to receive larger spousal support and a larger percentage of their marital properties.
The common grounds for fault-based divorce are:
- Prison confinement
- Sexual incapacity
- Physical or emotional abuse.
What is a no-fault divorce and what are its grounds?
With no-fault divorce, you don’t need to state and prove that your spouse is at fault or has done something wrong. Most of the common reasons declared by couples who are applying for a no-fault divorce are marriage breakdown, implacable differences, and incompatibility. You may need to, however, state reasons why your marriage isn’t working out.
If you or your spouse commit adultery or are guilty of mental or physical cruelty, or perhaps you have been living separately from each other for a year or more, you can say that your marriage is just not working out.
How much does a divorce cost?
The total divorce cost varies according to various factors like the complexity of your case and the attorney fee. However, if you choose to file the divorce on your own, expect to spend around $447.
Here’s a quick break-down:
- $157 for the court fees (must be paid upon filing the application for divorce)
- $10 to for the federal Department of Justice fee (must be paid upon filing the application for divorce)
- $280 (must be paid before the court reviews the divorce)
Do you need to hire a family lawyer?
Though you are allowed to represent yourself in court proceedings and to go through the entire divorce process on your own, it is still beneficial to seek help from an expert in family law. No matter how much information you learned about family law, there will be some issues that only law professionals can answer especially in terms of serious questions pertaining to property distribution, spousal support, debts, child support, and custody concerns.
The family lawyers can represent you in court and serve as your legal representation. They are also more experienced and knowledgeable in family law.