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The Top Divorce Law Questions

Meghan Jones

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Filing for divorce does not require reasons in many states. However, divorce law varies from state to state and that can make it daunting for most people. Most divorces are emotional and stressful experiences even without the legal complexities. Below are a few of the most frequently asked divorce law questions.

Q. Is a lawyer necessary while filing for a divorce?
If both parties are in complete agreement, there may not be a need to retain a lawyer. In most cases though, disagreements and misunderstandings can start after the divorce. This can be because all aspects and implications were not foreseen and addressed beforehand. Retaining a lawyer can help you address many of the issues that may come up in future. Also, the law can change from state to state, making it a practical and wise decision to retain a lawyer at the outset.

Q. Can a spouse contest a no-fault divorce before it goes to court?
A no-fault divorce application can only be filed when both partners agree completely. Most states do not even require you to have a reason or “grounds” for divorce if both the partners are in agreement. When a divorce application is filed, regardless of whether it is a no-fault application or not, it can be contested by either of the partners before the final decree is signed.

Q. What can you do if a respondent violates a court ordered decree?
You can consider filing a petition for contempt of court. The petition would have to be filed at a court in the state where the divorce was granted. The severity of the violation and the law of the state will determine what legal action you can take against the violating respondent.

Q. Filing international divorce
A divorce can be filed regardless of the geographical location of your spouse as long as you are a resident of the state where you file. Once you file, a summons would have to be served on your spouse. If you do not know the exact location of your spouse, you should ask a lawyer. There could be other recourse that a lawyer would be able to recommend depending on your exact situation.

Q. Do you need to file for divorce in the same state that you have a prenuptial agreement in?
You should file for divorce in the state you currently reside in. Different states have different stipulations about how long you should have been a resident in the state before you can file for divorce. The courts in most states will recognize the prenuptial-agreement from a different state, as long as it does not conflict with other local or state laws.

The legal procedures of filing for divorce can seem daunting and confusing at times. Depending on how well informed you are about the divorce law in your state, the process can either seem simpler or more traumatic. Questions about your specific situation are bound to arise in most cases. At such times, you can ask a lawyer and get quick answers specific to your situation and laws in your state.


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