Rarely does a person think about a divorce until they are forced to do so. At this point, a number of questions may arise. A divorce lawyer, like from Robinson & Hadeed, understands the complications and nuances of a divorce proceeding. If you or your spouse has filed for a divorce, you might be wondering what to expect with regards to a divorce judgement, assets, and other matters. Please review some of the most common questions about getting a divorce:
What is Spousal Support?
Spousal support is also known as alimony. This is a legal obligation to provide financial support to a spouse. This could happen before or after a divorce. Who will pay alimony largely depends on the factors of the situation. A divorce lawyer can explain this to you in further detail.
How Will Assets Be Divided in a Divorce?
How assets and property is divided in a divorce is controversial and depends on the laws of the state. Most states have equitable distribution which means the assets are to be distributed equally. It does not necessarily mean 50/50, and rather will take into account a number of factors according to the laws and the case.
How Are Retirement Accounts Handled?
Retirement benefits tend to be some of the largest assets involved in a divorce. Because of this, pensions, annuity’s, retirement accounts, and other benefits are often a large part of the divorce proceeding. The division of all retirement assets can be very complex and varies depending on the circumstances involved.
When Will the Divorce Judgement Be Granted?
A judgement is granted when the court finds there are grounds for the divorce. In other words, there has been a breakdown of the marriage to the extent that all objects related to matrimony have been destroyed, and there is no likelihood the marriage will be able to resolve and preserve itself.
A judgement can be entered when the defendant does not respond to the plaintiff’s complaint for the divorce, or the parties reach a settlement before or after trial. Judgements are put on record for a period of time. There will likely be a waiting period that can vary depending on whether or not children are involved.
What Does a Divorce Judgement Include?
Divorce judgements can include a number of provisions, including insurance, annuities, retirement benefits, pensions, asset and property division, alimony, child support, child custody, health care (when children are involved), moving children out of state, and more. It might also include provisions for legal fees, taxes, debt, name change of a party, injunctions, and so forth.
Can A Divorce Judgement Be Challenged?
A party has the right to request relief from the judgement by asking for a new hearing or trial, or an amendment or clarification of the judgement. In general, you will have one year to file a motion to challenge the judgement. In the event something arises, such as a loss of a job, or a work-related move, you may need to ask a divorce lawyer to assist you for a modification (this is different from a challenge).
What is An Alternative Dispute Resolution?
Also known as ADR, this has become more popular for divorcees who wish to keep costs low and stay out of the courtroom. The purpose of alternative dispute resolution is to give both parties more privacy, speed up the process, and prevent damages that could result from traditional proceedings.
If you would like to know more about alternative dispute resolution, or the divorce process, please call a law firm to speak directly with a divorce lawyer.