The process of separating from your spouse can seem like it will be an overwhelmingly complicated task. However, you may find yourself better prepared for what to expect from this process once you have had a few of the more commonly asked questions about divorce proceedings addressed.
Will You Have To Prove Fault To Be Able To Get Divorced?
Many individuals assume that they will always have to prove fault in order to obtain a divorce. However, this is not always the case as the option of the no-fault divorce has spread throughout most of the states. In order to determine whether this option will be applicable in your situation, you will need to consult with an attorney that has experience with divorce law in your state.
What Happens When Your Spouse Is Refusing To Cooperation With The Proceedings?
In many instances, one of the spouses may not want the divorce to proceed. When this is the case, they may engage in activities that are designed to stop the proceedings. Often, this may include attempting to avoid being served notice or deliberately delaying the proceedings. Fortunately, you should be relieved to learn that it is possible for the court to compel the other party to cooperate. Failure to comply with this court order can result in a default judgment being awarded in your favor.
How Are Custody Matters Decided?
During the process of separating from your spouse, it will be necessary to address a host of issues. In particular, child custody matters can be one of the issues that cause you to feel the most stress. However, you should be aware that it is possible to negotiate for child custody issues during the mediation phase of the divorce proceedings. In instances where your spouse refuses to cooperate during this phase, the courts will look to establish which parent will be able to provide the best living conditions as well as who has a strong emotional bond to the child. When this is the case, an experienced attorney will be able to help you craft a compelling argument for being granted custody.
Going through a divorce can be a rather confusing and stressful experience. This is particularly true when you lack much of the knowledge or experience needed to make sound choices during this process. By appreciating the facts that you may be able to file for a no-fault divorce, that the courts can compel the other side to cooperate with the proceedings and the role options for establishing custody of children, you will be far better prepared for this process. For more information, contact local professionals like Finocchio & English.