Honest Answers About Divorce

Many don't want to admit this, but divorce might be the only option for a healthy lifestyle. There are many things that go into the decision of whether to get a divorce or not. Since a divorce can have far-reaching effects on your life, it's important to find out what a divorce can involve before you make your decision. We wish to cover some of the worries you may have regarding divorce and its negative effects.

My spouse has filed for divorce. Can I oppose it?

You can oppose the idea of it, but you cannot stop the proceedings from continuing. Once a spouse has filed for divorce, the other spouse is forced to comply with the filing. The best recourse when your spouse files for divorce is to get a divorce lawyer so you can be sure that your rights are protected immediately. In the United States and Canada, a divorce will be granted even if one spouse files and the other refuses to participate or even acknowledge the proceedings. In most states, there is the "no fault" rule, which means that you can get divorced for any reason. In this situation, your spouse can simply state "irreconcilable differences" and the divorce proceedings can get underway.

What is the process for filing for divorce?

File for divorce without letting your spouse know by heading to the courthouse and filling out all the required paperwork correctly. It's best to hire an attorney to file the papers for you if you want to ensure that it is done right. If you are afraid of what your spouse might do, the whole procedure can be dealt with without their knowledge until papers are served to them. If your spouse is temperamental, this may be your best choice so that you can be away from home when he/she is served with papers, avoiding any immediate disputes.

Where can I find state-specific information about laws and statutes?

The best and most reputable place to find state-specific information about divorces is at your local divorce attorney's office. They have been through divorce proceedings and they have a great deal of experience with divorces in your state. You might also be able to find forms and regulations online. If you visit your state's official website, they might have links to divorce laws and regulations for your state. Most times, there is a small fee to download the forms needed to file for divorce in your state. Be careful, though. Make sure the website you get your information from is a reputable site.

My divorce will be official in a matter of weeks. Can my spouse legally get married again before the divorce is final?

Yes, in a purely technical sense. It is against the law for a person to be married to two or more people at the same time. Marrying someone else is a violation of bigamy laws in many states until your divorce is finalized. This is only a technicality, though. Most of the time, the court will not consider a second marriage as disregarding the law. While you can file suit against your spouse for breaking bigamy laws if they are getting married prior to the finalization of your divorce, this will usually be an exercise in futility since lawyers and the legal system in general usually do not pursue these cases.

I have just filed for divorce. How long will it be before it is final?

If you have filed for an uncontested divorce, the entire ordeal can be over in a matter of a few weeks. If you have a disputable divorce, on the other had, it could be quite awhile before the divorce is officially final. If you have children together, some states require a waiting period before actually filing the divorce papers. The court's schedule also plays a major role in how long the divorce will take. If they have many cases to go through, you may be waiting awhile. If you talk to the court clerk, they might be able to give you an idea about how long it will be. Your divorce attorney will also have more information to give you a better idea.