Understanding Action in Divorce
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Common Questions
Here are some of the most commonly asked questions about divorce. Click on a question to get a quick answer and access more detailed information.
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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