Key Questions When Facing Divorce

Your Divorce Questions, Answered

Divorce is complex. As you navigate the legal process, you’ll want accurate information and compassionate support. Find answers to your top questions here.

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Top Divorce Questions

How do you tell your friends and family that you are getting divorced?
When you are ready to share your news, start by reaching out to trusted friends or family directly. Avoid posting divorce-related content on social media. If there are children involved, approach them with honesty and compassion.
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How much does a divorce cost?
The cost of your divorce will depend on your unique circumstances, including the assets that must be divided, any children who must be accommodated, and how contentious the situation is between you and your spouse. Simple, uncontested cases can be as little as a few hundred dollars, while complex, drawn-out cases can run much higher, with some couples spending more than $100,000 to dissolve their marriage.
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How do I tell my kids about divorce?
Talking to your children about a divorce can be difficult. They often won’t understand what’s happening or why. Explain to them that they are loved and that it’s not their fault. Be honest about how things will have to adjust due to temporary and long-term custody arrangements, but try not to scare them by overwhelming them with sudden life changes. Give them time to be sad or angry, but also make sure you leave the lines of communication open in case they want to express themselves.
How long does divorce typically take?
The divorce process can take as few as 31 days in most states, but it normally takes six to twelve months. If there are major differences that need to be worked out, be prepared for the process to take more than a year. The timeline can widely vary based on your circumstances, location, state laws, what is being contested, and how you and your spouse choose to handle the negotiations and proceedings. Consult an attorney for guidance on your unique circumstances.
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What will happen to our house and other assets?
During the divorce process, your home and other assets will most likely be divided. The approach will be guided by local and state laws, usually with the goal of creating fairness for all parties. Your division of assets might be based on a variety of factors, like the value of your property, history, lifestyle, infidelity, the needs of any children involved, or the earning potential of either individual.
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Do I need a reason to file for divorce?
In most states, you do not need a specific reason to file for divorce. “No-fault” divorce laws allow you to file due to things like irreconcilable differences or an irretrievable breakdown of the marriage, without assigning blame to either spouse. Some states still allow for "fault-based" divorce, where one spouse cites specific grounds that may impact aspects of the divorce settlement. An experienced divorce attorney can help you determine how best to file.
Do I need to go to court?
In many cases, you do not need to go to court and can resolve issues through negotiation or mediation. If you and your spouse can agree on key decisions, such as asset division, alimony, and child custody, you may be able to settle the divorce and submit an agreement to the court for approval without litigation. If you are not able to reach an agreement, final decisions may need court intervention. A skilled divorce attorney can help you understand the best options for your situation.
How do I pick the right divorce lawyer?
Choose an attorney who will provide legal expertise and offer the support and guidance you need to go forward with confidence. Research lawyers in your area and look for someone who specializes in divorce, understands your state laws, can skillfully navigate the complexities of your case, has experience that is similar to your unique circumstances, and fits within your budget. Compatibility and communication style are also important.
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How much alimony will I get?
Depending on your state, alimony is not necessarily required, but it can be awarded to either party if it is justified by financial circumstances. Alimony is separate from child support, may influenced by a prenuptial agreement, and is mostly included in situations that involve lengthy marriages, when one spouse doesn’t work, or a condition that prevents a spouse from supporting themselves. Alimony is not considered a broad remedy, but a support system if needed.
What are the different child custody options?
Child custody will be based on your unique family circumstances, guided by state laws, and designed to best meet the needs of your children. Common options include standard, extended, weekly, 2/2/3, and variations of those custody arrangements. A skilled attorney can help tailor a plan to fit your needs.
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