1–10: Divorce Basics
What are the grounds for divorce?
Grounds vary by jurisdiction, but common ones include irreconcilable differences (no-fault) or fault-based reasons like adultery or cruelty.
What is the difference between contested and uncontested divorce?
In a contested divorce, spouses disagree on terms; in an uncontested divorce, both agree on all issues.
How long does a divorce process take?
It depends on complexity, jurisdiction, and whether the divorce is contested. It can range from a few months to several years.
Read Also:
- https://insightfullawhelp.com/20-family-law-issues-and-how-they-are-resolved/
- https://insightfullawhelp.com/25-common-family-law-questions-answered-for-couples/
- https://insightfullawhelp.com/40-family-law-scenarios-and-their-legal-implications/
Do I need a lawyer for a divorce?
Although not technically required, a lawyer will ensure that your rights are protected, especially in complex cases involving assets or custody.
What is a legal separation?
A court-approved arrangement whereby spouses live apart while remaining legally married.
How is property divided in a divorce?
State laws divide property: community property (divided equally) or equitable distribution (fair, but not necessarily equal).
How are shared debts handled?
Marital debts are divided like marital assets, according to state law and equity.
Can I get a divorce if my spouse doesn’t want to?
Yes, courts can grant a divorce even if one spouse does not consent, after following legal process.
What is a divorce decree?
The final court order formally ending the marriage and stating the terms of the divorce.
Can I change a divorce agreement?
Yes, you can ask to change a divorce agreement on matters such as child custody, support, or alimony if there is a significant change in circumstances.
11–20: Child Custody
What is the difference between legal and physical custody?
Legal custody grants the right to make decisions for the child; physical custody determines where the child will live.
How does the court decide custody?
Courts favor the best interest of the child and take into consideration stability, parent-child relationship, and the child’s wishes.
What is joint custody?
It is an arrangement whereby both parents share legal and/or physical custody responsibilities.
Can one parent obtain sole custody?
Yes, if the court finds that it is in the best interest of the child, often due to the other parent’s inability to provide a safe or stable environment.
What is supervised visitation?
Visits between the child and a non-custodial parent are monitored by a neutral party for safety purposes.
Can custody orders be changed?
Yes, a change in circumstances significantly affecting the child’s welfare may lead to modification of custody orders.
What if one parent fails to comply with a custody order?
The other parent can file a motion for enforcement. Penalties or modifications in custody rights may be meted out to the violator.
Can grandparents pursue custody or visitation?
Sometimes grandparents can file for custody or visitation if the best interests of the child are at stake.
What is parental alienation?
When a parent induces a child to be alienated from the other parent. The courts treat this very seriously in custody proceedings.
Can a parent move the child?
Most often, such a move is subject to judicial approval, particularly if it has a bearing on the other parent’s rights of access.
21–30: Child and Spousal Support
How does the court calculate child support?
Based on state guidelines, taking into account parental income, custody arrangements, and the child’s needs.
What happens if a parent doesn’t pay child support?
Enforcement measures include wage garnishment, fines, or even jail time for non-payment.
Can child support be modified?
Yes, support can be increased or decreased if there’s a significant change in income or custody.
What is spousal support (alimony)?
Payments from one spouse to the other after divorce, which are based on financial need and the payer’s ability.
How is spousal support determined?
Courts consider factors such as marriage length, income disparity, and the recipient’s ability to become self-sufficient.
Is child support taxable?
No, child support is not taxable for the recipient or deductible for the payer.
Can a parent waive child support?
No, child support is the child’s right, and neither party can waive this without court approval.
What would be the effect of job loss by a paying parent on child support?
The paying parent has the right to request modification, but obligations remain until the court approves changes.
Temporary and permanent alimony differ in that alimony granted during divorce is temporary, whereas alimony awarded post-divorce may be time-limited or indefinite.
Can a wife refuse to pay alimony?
A spouse refusing to pay alimony can face the legal consequences of wage garnishment and contempt of court.
