Common Questions

Some of our most commonly asked questions about divorce.

Common Questions about Filing for a Divorce

MyDivorcePapers.com is unable to give legal advice, and purchasing our documents does not implicitly or explicitly suggest that there is a legal relationship between ourselves and our customers. However, we can provide answers to some of the most commonly held questions regarding divorce and the divorce process.

 

 

All of the following are general answers to some of the most common questions, and should in no way be considered an assurance of any outcome.

 

What is an uncontested divorce?
An uncontested divorce is a divorce in which both parties agree to the terms of the divorce. The spouses must agree to all terms including division of assets, child custody, child support, and alimony. 

Does one partner have to be at fault?
No, all states now recognize no-fault divorces. A no-fault divorce is a type of divorce in which the spouse that is filing does not have to prove any fault  on the part of the other spouse. The most common reason given in a no-fault divorce is "irreconcilable differences", meaning the couple does not get along and the marriage cannot be saved.  

Who gets the house, car, or other significant property?
This varies wildly between states, but most courts will try to find the most fair means of dividing that property between the two spouses. Most of the time, the circumstances behind the reason for the divorce do not play a role in how the property is distributed.

How are children affected by divorce?
This depends on the child and the nature of the divorce. Although divorce affects every child in a divorce, the results of that impact could be minimal or severe. Regardless, it is important to talk to your child about what is going on, that they are not at fault in any way, and that you love them just as much as ever.

Should I pursue Mediation?
Perhaps. If you and your spouse are still on relatively cordial terms with one another, often times a mediator can help provide the final nudges needed to come to an agreement. Additionally, using a mediator is usually far cheaper than an attorney, and some states require mediation as a precursor to divorce finalization.

How is debt handled in a divorce?
Often times, this depends on the nature of the debt, whether it followed a person into the marriage or was accrued during the marriage, and whether any assets are tied to that debt. Obviously, these factors can greatly complicate the divorce process, and using mediators and/or attorneys might be the most effective means of resolving those issues.

How long does it take to get a divorce?
The length of time to get a divorce depends upon the state in which you are getting divorced. Some states have residency requirements that must be met before filing, some have a waiting period after agreements have been made, and then there is the negotiation process itself. Depending on when, where, and how you divorce, the process could be a matter of weeks, to a matter of months.

How much does it cost to get a divorce?
This is also dependent upon the state in which you get divorced. Usually, the court filing fees are roughly a few hundred dollars.

How quickly will I get my forms?
After purchase, your forms are instantly available for download upon the completion of the interview.