Are you considering a divorce and have some questions? Here are a few common questions that you likely want to be answered as you get started with the process.
Is There A Waiting Period Before You Get A Divorce?
It's very important that you understand the laws in your state regarding any necessary waiting period. While the majority of states do not have any type of waiting period before you can get divorced, there are several that do. For example. The state of Illinois has a period of six months, and Arkansas has a waiting period of 18 months. It's important that you know what your local laws are regarding any waiting period.
Can You Get A No-Fault Divorce?
Every single state allows for a no-fault divorce. This makes it very easy to get a divorce if both partners agree that it is neither person's fault for getting a divorce. A common reason used is irreconcilable differences, which is when both partners simply decide that the marriage will not work out between the two of them.
However, know that your partner may be seeking a fault divorce because they want to get more out of a divorce settlement. They may want to use adultery or a criminal conviction as a reason for ending the marriage, with the hopes that it influences property distribution or custody arrangements.
What Is A Community Property State?
When it comes to property division, know that there are states that have community property laws. This means that all the assets that were acquired during the marriage should be split as close to 50/50 as possible between both spouses.
Community property states not only divide the assets fairly, but it includes debts as well. You can expect those debts to be split between both partners, but you can still argue for some debts to belong to a spouse in certain situations. For example, if your spouse went on a spending spree right before the divorce is made official, those expenses may end up belonging to just your spouse.
What Are Temporary Orders?
It's possible that a judge will issue temporary orders regarding things like custody, child support, and spousal support. The reason that they are temporary orders is that they will only last for the duration of the divorce process. When you finalize issues like custody and support payments, those new rulings will go into effect and the temporary orders will go away.
For more information, reach out to a divorce attorney.