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5 Frequently Asked Questions About Getting A Divorce

1.) What is a no-fault divorce?

All states now allow no-fault divorces, which means a divorce will be allowed because one of the people married no longer wishes to be married. Previously, the only way to get a divorce was to prove that your spouse did something wrong to justify a divorce: such as adultery or abuse. You no longer have to prove this to get a divorce.

2.) What is an uncontested divorce?

This is a divorce where both parties agree with all components of the divorce: the terms of the settlement involving property, debt, alimony, child custody and child support.

3.) How is alimony determined?

Alimony is usually determined by a number of factors including how long the marriage lasted and whether or not the person seeking alimony is unable to support themselves without it. Most states have guidelines that a judge needs to follow to consider alimony payments. As a general rule, alimony requests for short-term marriages (less than 10 years) are usually not granted. However, there are exceptions.

4.) Can my spouse prevent me from seeing my children?

They can but it’s hard to do because it is assumed that it is in the best interest of a child to have contact with both parents. If the court finds that a parent poses a threat to a child’s welfare it may decide to limit that parent’s contact with the child by ordering supervised visits, rather than cutting off all contact.

5.) If my spouse stops paying child support, can I stop him or her from seeing the kids?

No. Child support and child custody are two separate issues. Again, the court assumes it is in the best interest of the child to have contact with both parents. However, the court will enforce the order that your spouse pay child support but you will need to take your spouse to court again to do that.