Divorce Legal Questions

Divorce Papers > Divorce Questions > Divorce Legal Questions

Examples of Divorce Legal Questions

The legal procedures during the divorce are not understood by layman. Therefore, when a person files for divorce, he or she would have several divorce legal questions that they would need answers to. It is important to understand major divorce related factors before filing a divorce. Hence, we have mentioned a list of important legal questions related to divorce that you can go through.

Q. What is DIY Divorce?

A. Divorce is a legal process, therefore can be expensive if one hires an attorney. To save on the cost involved in the divorce, one can opt for DIY (Do It Yourself) divorce. This option is suitable for those divorcing couple, who have sorted out the issues related to divorce such as property division, assets and liabilities division, child custody, and visitation. If the couple have reached a common ground on such issues, then DIY divorce would be a good option, but for the rest divorcing couple, who have some contest, they need to hire a lawyer. There are online website options for DIY divorce and even the couple can take help of lawyer for basic work such as filing the divorce papers.

Q. What are the factors that need to be considered before opting for Do-it-yourself divorce?

A. It would be inappropriate if a couple just opts for DIY divorce to save money. It is essential that the divorcing person should opt for DIY divorce only if they fulfill all the following conditions:

• If the divorcing couple have common grounds on issues such as property, support, and custody
• When the assets and liabilities of the divorcing couple are simple to be sorted out
• When all the issues with respect to arrangement of children are sorted out such as support, shared parenting time, visitation, and custody
• When the divorcing couple have complete knowledge about each other's family assets and liabilities
• When both the divorcing partners think that the settlement that they have opted for is reasonable and fair

Q. What is the difference between divorce and annulment?

A. Both divorce and annulment are considered as end of marriage. The difference between them is that during annulment, it is considered as if the marriage never happened and the married couples are considered as single after annulment, while divorce is end of relation of the married couple and they are considered as divorced after the final decree. If the annulment takes place after several years of marriage, then all the issued such as property issues, spousal support, child custody etc are considered by the court in the similar way as considered during divorce.

Q. What are the reasons for which a person can get civil annulment?

A. In most states, people can get civil annulment for any of the following reasons:

• If the marriage has not been consummated due to the incapability of one of the partner to have sexual intercourse and the other partner was unaware about this sexual incapability when the couple got married.
• If one of the spouse is fraud and has provided false information about him or her that was an important aspect for the other partner to get married
• If one of both the partners were under the influence of drugs or alcohol during the wedding or they were not in a mental capacity of understanding that they are getting married
• If one of the partner is underage
• If the married partners are related by blood
• If one of the partner is married to someone else
• If one of the partner was forced to get married

Q. What is no-fault divorce?

A. When the married couple wants to end their marriage to mutual contest, then they opt for a no-fault divorce. In this divorce, no party has to claim that the other party is at fault. The reason for divorce is considered as irreconcilable differences. One should opt for this divorce only if all the issues related to divorce like property division, custody of child, support are sorted out.

Q. What is a default divorce?

A. A default divorce is granted, when one of the divorcing partners does not respond to the divorce notice and even does not attend any divorce proceedings. Such a divorce is granted, when the divorcing partner that files the divorce is not in touch with the other spouse and even after the orders of the court, the other partner does not appear in the court.

The divorce legal questions and the appropriate answers to such questions provided here will be of great help to those who have queries related to divorce. It is essential to get your facts cleared about divorce before you file for one.

Divorce Papers