Couples typically seek legal advice when they begin the divorce process. Dissolving a marriage can be a complicated process, especially when those involved are unable to agree on the terms of their divorce. Understanding a few basics of the divorce process can help you feel better prepared. Below are a few commonly asked questions and answers about the proceedings.

Questions About Divorce Answered

How do I start the filing process?

The divorce process begins when one spouse files a petition. This document should name both spouses, as well as any children in the relationship. It will also detail shared assets, including property, such as a house, and joint bank accounts. This document will then be served to the other spouse.

What if my spouse refuses to cooperate?

If your spouse refuses to cooperate - usually by disagreeing with the information in the divorce petition or stating that they don't want to get a divorce - you will enter a contested divorce. As with cases where spouses cannot agree about issues like division of property and child custody, a judge will hear arguments from both sides to make a final decision and split the assets fairly. 

Do I need an attorney?

Getting a divorce lawyer is highly encouraged, especially if it’s contested. Formal representation will protect you against your spouse’s arguments in court. They can help you better understand complex paperwork and ensure that everything is filed properly to better present your side of the case.

A lawyer can also offer legal advice to help you make hard decisions regarding child custody, division of property, and more. They can also help you understand how you should behave while the case is in court—such as avoiding posting negative comments on social media. They’ll also help you avoid making any statements or actions that would hurt your case.

How is custody determined?

Child custody is a top priority for most parents involved in a divorce case. The judge will typically determine custody based on the best interests of the child, using factors such as income, home environment, and ability to properly care for the child. Child support is often awarded as part of these proceedings as well. If both parents are deemed fit to care for the child, the judge will typically award joint custody, where both parents have equal responsibilities to ensuring the child is cared for.

If you need help filing for divorce, the seasoned attorneys at Greene Law PC in Farmington, CT, will help you navigate the proceedings with care. With decades of experience, you can trust their team to provide sound legal advice to help you sort out the details, from child custody to division of assets. To learn more about their practice areas, visit them online or call (860) 676-1336.