Frequently Asked Questions about Divorce

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Navigating the complexities of divorce raises many questions and concerns, from the legal process to the emotional and financial implications. At Goldman Advocacy Law LLC, our Frequently Asked Questions about Divorce aims to demystify this challenging journey, providing you with clear, concise answers and practical guidance. Whether you're curious about the grounds for divorce, the differences between contested and uncontested divorce, the intricacies of child custody, or the specifics of property division, our FAQ section covers these topics and more. With the support of our expert legal team, we strive to offer insights that empower you to make informed decisions, ensuring that you feel supported at every step of your divorce process. Explore our FAQs to understand how we can help you navigate your divorce with confidence and clarity, protecting your rights and paving the way for a brighter future.

What is a divorce?

A divorce is the legal procedure for dissolving a marriage, allowing both individuals to return to single status and remarry if they wish.

What are the main reasons people get divorced?

Typical reasons for divorce include irreconcilable differences, infidelity, financial problems, lack of communication, and personal growth or changes.

What is the difference between a contested and an uncontested divorce?

An uncontested divorce occurs when both spouses agree on all issues, such as property division, child custody, and support. In a contested divorce, spouses cannot agree on one or more issues and require the court’s assistance to reach a resolution.

How long does it take to get a divorce?

The duration of a divorce process depends on the case’s complexity, whether it’s contested or uncontested, and the specific laws in your state. It can take anywhere from a few months to over a year.

How much does a divorce cost?

Divorce costs depend on factors like attorney fees, court fees, and additional services such as mediation or expert witnesses. Costs can range from several hundred to tens of thousands of dollars.

What is mediation, and how can it help in a divorce?

Mediation is a process where a neutral third party (the mediator) assists the divorcing couple in reaching a mutually acceptable agreement on issues like property division, child custody, and support. It can be less expensive and less time-consuming than going to court.

How is property divided in a divorce?

Property division in a divorce depends on your state’s laws, which can be either community property or equitable distribution. Community property states divide marital assets 50/50, while equitable distribution states divide property based on what is fair and equitable.

How is child custody determined in a divorce?

In most cases, courts decide child custody based on the best interests of the child. Factors considered include the child’s age, the parents’ living situations, their ability to provide for the child’s needs, and the child’s wishes (if they are old enough to express them).

What is child support, and how is it calculated?

Child support is a financial obligation paid by one parent to the other to help cover the costs of raising their child. The amount is usually determined by state guidelines, considering factors such as the parents’ incomes, the child’s needs, and the time each parent spends with the child.

What are the legal grounds for divorce?

Legal grounds for divorce vary by state but can include irreconcilable differences, adultery, abandonment, abuse, and incarceration.

Can a spouse refuse to get a divorce? 

While a spouse may initially refuse to cooperate, the court can ultimately grant a divorce even if one party does not agree.

What is alimony, and when is it awarded?

Alimony, also known as spousal support, is a financial payment made by one spouse to the other during or after a divorce. It can be awarded based on factors such as the length of the marriage, the financial situation of each spouse, and the needs of the receiving spouse.

Can a divorce be finalized without a lawyer?

While it is possible to get a divorce without a lawyer, it’s advisable to seek legal advice, especially in cases involving complex issues or when a spouse is unfamiliar with the divorce process.


What should I do if I’m considering a divorce?

If you’re considering a divorce, it’s a good idea to consult with an experienced divorce attorney.

How can Goldman Advocacy Law LLC help me with my divorce?

At Goldman Advocacy Law LLC, our expert lawyers provide compassionate and personalized guidance throughout the divorce process. We help you navigate complex issues such as property division, child custody, child support, and alimony, while working diligently to protect your rights and best interests. Our goal is to bring hope and light to your situation, making the process as smooth and stress-free as possible.

What is the first step to initiate a divorce?

The first step in initiating a divorce is filing a petition for divorce with the court. This document outlines your reasons for seeking a divorce and any additional requests, such as child custody or alimony.

Do I need a legal reason to get a divorce?

Most states in the US now have no-fault divorce laws, which means you don’t need a specific legal reason to file for divorce. Instead, you can simply cite “irreconcilable differences” as the basis for ending your marriage.

What is the difference between legal separation and divorce?

Legal separation is a court-ordered arrangement that allows a married couple to live separately while remaining legally married. Divorce, on the other hand, is the complete dissolution of the marriage, allowing both parties to remarry if they choose.

Can I change my name after a divorce?

Yes, you can change your name after a divorce. In most cases, the divorce decree will include a provision allowing you to restore your maiden name or any prior name you may have used.

Do I have to go to court for my divorce?

Whether or not you have to go to court for your divorce depends on the specific circumstances of your case. Uncontested divorces can often be resolved without a court appearance, while contested divorces typically require one or more court appearances.

How is child visitation determined in a divorce?

Child visitation, also known as parenting time, is determined by the court based on the best interests of the child. Factors considered include the child’s needs, the parents’ schedules, and the quality of the parent-child relationship.

Can a divorce decree be modified?

Yes, a divorce decree can be modified if there has been a significant change in circumstances, such as changes in income, relocation, or the needs of the child. A modification request must be submitted to the court and approved by a judge.

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