Frequently Asked Questions About Divorce
Q: What is a legal divorce?
A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide the couple’s assets and debts, and determine the care and custody of their children. Each state addresses these issues differently, but there are some relatively uniform standards. Each state does have some type of “no fault” divorce laws that can significantly simplify the divorce process.
Q: What is a no fault divorce?
A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the “guilty” spouse was punished by getting a smaller share of the couple’s property or being denied custody of their children while the “innocent” spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no “fault” involved in the grounds for divorce. Please note that states’ laws differ on the issue of fault or no fault divorce. Among the 50 states, a number provide no fault divorce as their residents’ only choice; residents of other states may pursue fault based or no fault divorce.
Frequently Asked Questions about Child Custody and Visitation
Q: What is the difference between legal and physical custody?
A: Physical custody refers to where the child lives and who has responsibilities associated with daily childcare. Legal custody is the decision-making responsibilities associated with the education, healthcare and religious upbringing of a child.
Q: When parents fight over custody, how does the court decide?
A: The typical standard is the best interests of the child. Each state has specific guidelines, but the court usually takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker, the parenting abilities of each parent and whether there is a history of abuse.
If you have questions about obtaining a divorce, contact our firm to schedule a consultation with an experienced divorce attorney to learn about straightforward solutions that will work for you and your family.
