Divorce questions and the appropriate answers to such questions would prove to be a good guideline to those who need information about divorce and various issues related to it.
1. Questions & Answers About
Divorce
Frequently Asked Questions
About Divorce
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2. Questions & Answers About Divorce
Top 10 Divorce Questions
and Answer
Q. What is "marital property?"
Ans: Marital property consists of all jointly-titled property as well as all
other property, other than separate property, acquired by either or both
of the parties from the date of the marriage through the time of the
final separation.
Q. What are the reasons for a divorce?
Ans:
1. The spouses have lived separate and apart for at least one year; or
2. The spouse has committed adultery; or
3. There was intolerable physical or mental cruelty.
3. Questions & Answers About
Divorce
Q. Is it necessary to file for a divorce to get custody and
visitation?
Ans: No. When the issue is custody and/or support, you can file a
petition with the Juvenile and Domestic Relations Court in the county
where the child or children live.
Q. What are the different types of custody?
Ans: 1. Sole custody.
2. Joint custody.
3. Shared custody.
4. Split custody.
4. Questions & Answers About
Divorce
Q. What is spousal support?
Ans: Spousal support, also referred to as alimony, is money paid by one
spouse to the other due to the payee spouse’s loss of the benefit of the
payor spouse’s income due to the divorce. It is provided to lessen the
financial impact of divorce on the party who is less financially independent
Q. Once the divorce is finalized, can I resume use of my
former/maiden name?
Ans: Yes, however a motion and an order must be filed with the court at
the time the final decree is submitted for entry. The judge will endorse the
order, thereby approving the resumption of your former/maiden name.
5. Questions & Answers About Divorce
Q. What happens at an uncontested divorce hearing?
Ans: Questions are asked of you and a witness concerning the
marriage and separation. Your attorney will attend and the hearing rarely
runs over 15 minutes.
Q. What is "separate property?"
Ans: Separate property is property owned by one party prior to the
marriage, property acquired after the parties have separated, inherited
property and/or gifts to one party from a third person.
Q. What is child custody and visitation?
Ans: Child custody refers to which parent will have legal custody of
the child(ren), i.e., with whom the children will live. Visitation refers
to the non-custodial parent’s ability to spend time with the child(ren).
6. Questions & Answers About Divorce
Q. Would I be entitled to a portion of my spouse's retirement?
Ans: Yes, especially if you have been married for more than 10 years
and do not have a retirement plan for yourself.
Q. How much time does it take to get a divorce?
Ans: The divorce certificate usually takes approximately 60-90 days for
simple (uncontested) divorce claims and can take several years for
contested (more complex) divorce claims.