While nobody enters into a marriage with the intention of ultimately divorcing, divorce is a fairly common occurrence. Despite that fact, many who have never experienced it before have no real understanding of what to expect from the process. If you've decided that your marriage is not salvageable, and the time has come for divorce, you're probably ready to reach out to a family law attorney for support. Here's a look at some of the things that your family law attorney wants you to know before you make that appointment.
The Process Can Take Time
Depending on the state that you're in, the time required to obtain your divorce can vary. In some states, you can have a mutually agreed divorce finalized in as little as 30 days, while in other states, you must be separated for at least a year and the court process for the divorce can take an additional six months or longer.
Your family law attorney can help you understand the laws and the court process in the state where you live. It's important to discuss this early in the process so that you have a solid understanding of what to expect.
A Prenuptial Agreement Must Be Honored
If you and your spouse signed a prenuptial agreement before you got married, you'll have to provide a copy of that agreement to your family law attorney when you begin your divorce process. That agreement must be honored in your divorce settlement agreement because it is a legally binding contract.
You May Not Have To Go To Court
In some states, when both parties agree on the settlement of the divorce and sign the papers accordingly, you won't even have to appear in court. Your attorney may have the legal right to appear on your behalf and finalize the divorce for you without you ever having to set foot in the courthouse. This can save you significantly in the time you have to take off from work and the stress of having to go to court.
Your Financial Situation Is Important
One thing that many people are surprised by when they file for divorce is the fact that they have to fill out a detailed financial affidavit for the court. Both parties are required to submit this form, and the purpose is to give a clear picture of your financial position following your separation. This form is a key factor in determining any spousal support or child support orders, so be sure that you fill it out accurately and comprehensively. Your attorney can help you with the details if you're not sure what should be included.
These are a few of the things that most family law attorneys want you to know before you pursue a divorce. If you're ready to get the process started or you have any other questions, reach out to a family attorney near you today.Share
30 September 2021
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