Divorce FAQ
- Do you have to prove the other parent is at fault to get a divorce?
- What should I do if I am afraid of my spouse?
- Can we mediate the divorce?
- Do I need an attorney to get a divorce?
- How much will my divorce cost?
- Will I have to go to court?
- Will I have to leave the home?
- What do I tell the children about the divorce?
No, all that is required is for one spouse to say (not prove) that there are irreconcilable differences.
If you are in immediate danger, call 911. If you feel that your spouse may become dangerous, then it is very important that you find a safe place. Then you should either contact an attorney or a domestic violence advocate at the Courthouse.
Yes. Most divorces are settled through some form of mediation. There are several pitfalls. First, most couples are not equally good at negotiating with each other. Second, anyone can be a mediator, but to be a good mediator requires specialized knowledge as well as an ability to remain neutral and understanding of people in conflict.
No, but it is usually a good idea to consult with an attorney. You should only consider going through a divorce without an attorney if you have no children and no substantial assets or liabilities to divide. If you are unsure, contact me.
The cost will vary to fit your needs. The Court filing fee is $250. To have an attorney spend time mediating and preparing the basic papers involved will cost $2,500, more or less, depending on the complexities. If the divorce is contested, then the cost may jump to $5,000 to $10,000. With custody at issue, the cost will be at least $10,000.
If you have an uncontested or mediated divorce, you do not have to go to court. At least one county in Washington does not require it. If the divorce in filed in King County, one spouse will have to briefly appear before a judge to verify that the marriage is dissolved and the orders entered are fair.
It is often desirable for someone to leave. The divorce process is stressful. Discussions can easily flare into arguments, and sometimes they even lead to domestic violence. If children are involved, the Court will usually order one parent to remain in the house with the children.
Children are greatly affected by divorce. It is usually a good idea to have them see a counselor so that they have an opportunity to openly express their feelings. From a legal perspective, you should not tell your children that they or your spouse is to blame for the divorce.
- Who will get custody of the children?
- How does the court divide assets and liabilities?
- How is child support determined?
- What happens to child support if I lose my job?
- Will there be alimony?
Parents share in the custody of their children, but they usually do not receive equal shares. In most cases, the Court will have the children reside primarily with the parent who has historically spent more time with them. Historically, courts gave preference to the mother in what is known as the "tender years doctrine." With the passage of the Parenting Act of 1987, Courts must now make gender-neutral custody decisions. They often call upon psychological professionals to make a parenting evaluation. The selection of the professional is very important because any evaluator will come along with personal biases and professional methodologies. Click here for more information.
There are two categories: separate property and community property. Separate property is property acquired when you were not married. Community property is property that you acquired during marriage. The Court will generally give each spouse his/her own separate property and fairly divide the community property
Each parent is responsible for contributing a fair share to the support of the children. The parent with whom the children primarily resides will receive child support from the other parent. The amount of child support is based on the non-primary parent’s fractional share of the combined net monthly income. More specifically, the parents must complete a worksheet that calculates the support.
You have the right to go to Court to get your support adjusted. Because child support obligations cannot generally be reduced retroactively, you should act quickly.
Alimony may be awarded by the Court, if one spouse has a financial need and the other spouse has a financial ability to pay it. The goal of alimony is to keep the standard of livings of the spouses roughly equal for a suitable length of time. The length of time is directly related to the length of the marriage.
If you have any further questions, contact Allen Glass.
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Copyright © 2007 Allen A. Glass, P.C. All rights reserved.
Revised: 06/01/07.