Regardless of what the circumstances may be, divorce can be a difficult and emotional process to endure. In most cases, this is due to a lifestyle change during and after two people grow apart. Because of this, many divorcing spouses experience challenging conversations and confrontations with their soon-to-be ex-spouse. For this reason, a person who decides to file for divorce should get in touch with a seasoned divorce attorney right away. A skilled family lawyer can examine your case and protect your rights, expenses, and future. Here are 5 important questions and answers about divorce.
Because our divorce attorneys understand that the process can be a daunting one, we have taken the time to provide answers to 5 important questions about divorce.
1. Can I file for divorce if my spouse does not agree?
Legally, no person, including your spouse, can stop you from filing for divorce. However, it is important to keep in mind that this may complicate the process. If you find yourself in this situation, it is best to speak with a divorce lawyer right away. He or she can help you take the necessary steps to file and complete your divorce despite your spouse’s wishes.
2. Should my spouse and I use the same divorce attorney?
You and your spouse cannot share the same divorce lawyer because of a conflict of interests. For reasons such as these, each spouse should retain his or her own attorney since each lawyer owes a duty to his or her client specifically.
3. How can I begin the divorce process?
To start the divorce process, you must file a Summons and Verified Complain or a Summons with Notice. Both of these will list your reasons for filing for divorce.
4. How will our shared property be divided once the divorce is final?
Because each divorce case is unique, the property division is handled on an individual basis. Generally, courts will consider the following factors before making decisions about property division:
- Age
- Duration of marriage
- Estate
- Occupations
- Health
- Employability
Because many factors play into property division decisions, divorcing spouses should seek seasoned legal representation right away.
5. How will retirement assets be divided?
Like property division, the division of retirement funds is based on numerous factors. For this reason, it is important that these funds and your circumstances are carefully considered by an experienced lawyer. Failure to retain legal help can lead to your soon-to-be-ex having an unfair advantage. In some of the worst cases, spouses will agree to divide retirement funds by a specific dollar amount. However, due to inflation and deflation, this can leave one spouse suffering financially. To learn more about this, read our other blog here.
Have More Questions About Divorce? Contact Our Divorce Attorneys Today!
If you find yourself at a point in your life where divorce seems like the best option for you and your family, contact our divorce attorneys at Dummit Fradin Attorneys at Law right away. We know divorce can be difficult, stressful, and overall, emotionally taxing, and that is why we stand ready to put our experience and skills on your side. When you choose to work with our team, you can rest easier knowing we will stand by your side from beginning to end.