The process of getting divorced can be quite worrisome for any couple that is planning to go through it. However, there are many misconceptions about divorces that cause people to think that the process is going to be worse than it is. These are some common questions that frequently come up about getting divorced and the legal matters surrounding it.
Do All Divorces Have To Go Through Court?
Television and movies have led many people to believe that all divorces must go through the courtroom in order to make decisions, which results in a judge making a decision that both parties must abide by. This happens much less often than you think, with the couple having control for most of the divorce process.
Many of the decisions about divorce happen during mediation, which is when both sides agree to meet with a mediator that will help work out the details of the divorce. All details that can be mutually agreed upon will happen as both parties wish. However, court is only necessary when a decision cannot be reached.
If you are having issues with custody, money, property separation, and things of that nature, going into a courtroom will be necessary to resolve the issue. If you are not happy with the decision ordered by a judge, know that you can't really do anything about it at that point. That's why many people opt to resolve problems in mediation.
How Will The House Be Divided?
One question that many couples have is about how their property will be distributed among both parties. Without a prenuptial agreement, both spouses will need to make a mutual decision about what happens to everything. However, there are some exceptions where you can be guaranteed to leave the marriage with something.
If you had a home before entering the marriage, it can be assumed that the property will still belong to you in the end. This includes a home that was already paid off by one spouse prior to getting married. Things get tricky when the home has been partially paid off before entering the marriage. Since all earned assets after getting married will belong to both people, you may have a situation where a spouse is owed a portion of the money that was paid into the home during the marriage. The spouse that owns the home may have to pay back the portion paid while married to the other spouse to maintain total ownership.
Hire a family law attorney to make your divorce as smooth as possible.