Family Law & Divorce
When you have considered whether divorce would be the right option for you and decided to take that next step, you may be wondering where to go from here. Should you work with a divorce lawyer or should you wait for your spouse to file a divorce petition and lawyer up? While your focus may be on getting out of the marriage and moving on with your life, what you do in the first phase of your divorce can help determine how the entire process goes. One of the best things you can do is work with an attorney who specializes in divorce as soon as possible so that you can get the process started off correctly.
Who is kicked out of the house during the divorce process?
Many people want to know the nitty-gritty details of what happens during a divorce. One of the top questions is “who gets the house during the divorce?” This depends on many factors. For example, if the couple is amicable, willing, and has enough room, they may choose to stay in the same house during the divorce process and live in separate rooms. This is especially the case when children are involved. In other circumstances and if the spouses cannot agree on who stays in the house, then they will need to get a court order on who can stay in the house. If one parent will be taking care of the children more, they will more likely be the one to stay in the house.
Is it possible to get legally separated from my spouse?
You may wish to speak with your divorce lawyer about the possibility of legal separation instead of divorce. This is not something that will work for every couple but might be a good option if you and your spouse want to test the waters of divorce or if you would like to continue getting marriage benefits (like health insurance) while still remaining apart.
Will the divorce process be smoother if we have a prenuptial agreement in place?
This is possible. Your divorce attorney will want to examine your prenuptial agreement to make sure it is legally binding and your spouse may choose to contest whether the prenuptial agreement is valid. If the agreement is valid, you may be in for a much smoother ride for your divorce.
Don’t hesitate when it comes to getting help from a divorce lawyer. Taking that first step can make a difference in ensuring you have the right tools during your divorce.