Divorce & Custody
Get answers to your family law questions by asking a live expert. How much will you owe in child and/or spousal support? How will community property and separate property be divided? What is the difference between legal and physical custody of your children and how will the court decide child custody issues?
What happens in divorce cases are usually driven by the individual facts of your particular case and the actual state laws that govern separation, custody and divorce. For more information and advice on these issues and others, contact one of the experts below.
What documentation do I need to get a divorce?
In family law, to get a divorce, first you should get together certain documents: birth certificates of yourself and your children, a marriage license, any immigration or naturalization documents, and any written agreement that you may have made with your spouse. In addition, you should prepare a list of all significant property that you and your spouse own. Include the numbers on credit cards, bank accounts, stock brokerage accounts, insurance policies, social security account and the like. This will make your lawyer's job easier and will save time.
How does the divorce proceeding begin?
The divorce attorney for the party bringing the divorce proceeding prepares a "petition" (sometimes called a "complaint") that states the basic facts. Attached to the petition will be whatever documents are required by state law. These documents are filed with the court, and copies are delivered to your spouse. This delivery is called "service of process" and is the way that your spouse is formally notified of the divorce action. Some states have their own forms that you must use. Generally, whether or not a state has a required form, you will have to include in your petition the full names of the parties, the length of time you have resided in the state and the county, the date and place of marriage, the date of separation (if you are living apart) the names and birth dates of your children, and the grounds for divorce (if you do not file for a "no fault" divorce).
The difference between "no fault" divorce and "fault" divorce?
When you file for a "no fault" divorce, you don't have to prove that your spouse did anything wrong or was in prison or a mental institution. All you have to say is that the marriage can no longer work, in whatever language the state requires (for example, "we have irreconcilable differences"). To obtain a "fault" divorce, you must prove physical or mental cruelty, abandonment, or whatever other grounds for divorce your state allows.
Got more questions? Get more answers on Divorce.
Learn and Grow With Our Community
Join the discussion and get new insights and tips on solving life’s troubles with our community. Make a difference; share what you know and join today.
In family law, to get a divorce, first you should get together certain documents: birth certificates of yourself and your children, a marriage license, any immigration or naturalization documents, and any written agreement that you may have made with your spouse. In addition, you should prepare a list of all significant property that you and your spouse own. Include the numbers on credit cards, bank accounts, stock brokerage accounts, insurance policies, social security account and the like. This will make your lawyer's job easier and will save time.
How does the divorce proceeding begin?
The divorce attorney for the party bringing the divorce proceeding prepares a "petition" (sometimes called a "complaint") that states the basic facts. Attached to the petition will be whatever documents are required by state law. These documents are filed with the court, and copies are delivered to your spouse. This delivery is called "service of process" and is the way that your spouse is formally notified of the divorce action. Some states have their own forms that you must use. Generally, whether or not a state has a required form, you will have to include in your petition the full names of the parties, the length of time you have resided in the state and the county, the date and place of marriage, the date of separation (if you are living apart) the names and birth dates of your children, and the grounds for divorce (if you do not file for a "no fault" divorce).
The difference between "no fault" divorce and "fault" divorce?
When you file for a "no fault" divorce, you don't have to prove that your spouse did anything wrong or was in prison or a mental institution. All you have to say is that the marriage can no longer work, in whatever language the state requires (for example, "we have irreconcilable differences"). To obtain a "fault" divorce, you must prove physical or mental cruelty, abandonment, or whatever other grounds for divorce your state allows.
Got more questions? Get more answers on Divorce.
Learn and Grow With Our Community
Join the discussion and get new insights and tips on solving life’s troubles with our community. Make a difference; share what you know and join today.