Divorce Court Questions

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When a married couple decides to file a divorce, they need to be aware about answers to several questions. When you have to file a divorce in court, you need to be aware about the proper court procedures to be followed and the different factors that would affect the decision of the court. Divorcing couple would like to know, whether they can get a divorce without hiring a lawyer. All such queries would be answered below as it important for you to understand these details before you opt for divorce. Here we have provided a list of divorce court questions and answers that would prove to be of help to you, if you are thinking about filing a divorce.

Some examples of divorce court questions are as follows:

Q. Is it possible to execute an uncontested divorce without hiring the services of a lawyer?

A. Every individual has the right to represent self in court, irrespective of whether it is a divorce or a criminal court. However, the question is that is such a person sure that he or she would not make errors that would cost him or her highly in the future. It is difficult to complete a legal filing in the absence of any training. The option of hiring legal assistance is much simpler and ascertains that the divorce is done precisely.

Q. To whom does the court allot the family home after the divorce?

A. Generally, the court allocates the family home to the parent who is awarded primary custody of the children. However, this thumb rule has certain exceptions. In each case, varying information is furnished to the court by the lawyers of the parties. So, it is very crucial for the divorcing partners to choose the appropriate lawyer to represent them in the divorce case.

Q. How is the decision taken by court to solve the important issue of child custody?

A. The divorce court tries to protect the children in each case. It is generally observed that each case is unique. Assume that both parents are demanding primary custody of the children. Then, the court studies the home environment of each partner and states a conclusion that will serve in the best interests of the child. This is the method of solving the issue of child custody. There is another option called as shared custody, which is regarded as the right solution by the court.

Q. Does the court permit to alter attorneys in the midst of a divorce?

A. Yes. If the client forms an opinion that the attorney is not serving his or her best interests, then such a client is permitted to alter the attorney. It has been observed that usually when custody and financial issues become problematic, the client feels the need to alter the lawyer.

Q. How to start a divorce case in the court?

A. The divorcing partner has to file a Complaint, which is a formal document, with the appropriate court. This document comprises of the following information:

  • Information about the marriage
  • Present living arrangements
  • Residency
  • Children of the marriage
  • Any particular ground for filing divorce
After filing the Complaint, the next step is to lawfully serve this document to the other partner. This is generally done by certified mail return receipt requested or by Sheriff's delivery.

Q. Consider that a court has granted a divorce. Can there be any alterations in the post divorce plan through the court?

A. The spousal support amount, visitation rights, custody plan, and other issues that have been once finalized by the court are subject to reconsideration and revision, if any one party can submit evidence of altered circumstances to the judge.

Q. If the spouses have the intention of divorcing and hence have separated, regarding which issues can the court take temporary decisions?


  • Visitation rights of the person who does not have physical custody of the children
  • Allocation of the possession and using specific property
  • Support payments for a spouse or children
  • Who would reside in the house where formerly the spouses lived
  • Custody of minor children
  • Other temporary orders authorized by law
The divorce court questions and answers provided above are important details that you need to know to understand the divorce process. You need to know that even after divorce has been granted certain issues such as custody plan, visitation, support amount revision can be done after reconsideration, if one of the divorcing partners provides evidence of circumstance changes. It is essential to keep yourself updated about divorce related queries, when you are planning to file a divorce.

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