Addressing Common Questions About Divorcing

Posted on: 8 April 2016


Divorce can be a traumatic experience, but it can be the only way of freeing yourself from a failing or abusive marriage. While divorce is a fairly common legal proceeding, many people have limited understandings about this process. Without being well-informed about this process, you may find it difficult to make sound choices. Therefore, learning the following couple of questions and answers may provide you with a more thorough understanding about this emotionally charged legal procedure.

Will The Judge Decide How Property Is Divided?

There is a frequent fear among some people that a judge will always be the one to decide how the assets of the marriage will be divided. However, it should be noted that most judges will attempt to avoid this responsibility. Rather, they will encourage the couple to negotiate acceptable terms for property and asset division. This is done through the formal process of mediation, which utilizes experienced negotiators to help foster agreements between the two parties, there can be instances where a couple is unable to come to terms for all of these assets. In these cases, the judge will usually only issue a ruling on the matters that were unable to be solved.

Are Divorces Always Expensive?

It should come as no surprise that going through a divorce can be an expensive endeavor, and there are many clients that may have trouble raising the money to pay for these expenses. Unfortunately, some individuals may automatically assume that they can not afford to go through this process. However, the costs of a divorce can vary widely. For example, if the divorce is uncontested, then the costs may only entail paying a small attorney's fee to have documents filed with the court.

In instances where the assets of the marriage are contested, it may be necessary to pay higher attorney fees due to the intensive nature of these disputes. Sadly, some individuals might not have the money on hand to pay for these expenses. Luckily, these individuals may be able to opt to pay for these expenses from the assets of the marriage. The viability of this payment option will depend on the nature of the marriage's assets, and you will need to speak to an attorney to determine if this is an option you can use.

To ensure that your rights are protected during the ending of a marriage, it is important to understand the answers to a couple of common questions. Knowing that a judge will not automatically decide how the assets will be divided, and that there are payment arrangements that can be made for your divorce proceedings will help you to be armed with more of the information needed to understand what you should expect from the process of divorcing. For more information, contact a practice like the Law Office of Diane F. Russell