10 Questions You Should Ask Your Divorce Attorney

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Divorce is a difficult process, and it’s important to be as prepared as possible. That’s why it’s important to ask your divorce attorney the right questions. What are the different types of divorces? What is adultery? How will child custody be determined? These are just some of the questions you need to ask. In this blog post, we will discuss the top 10 questions you should ask your divorce attorney to help make the process go as smoothly as possible.

What are the different types of divorces?

There are four different types of divorce: at-fault, no-fault, uncontested, and collaborative. At-fault divorce is when one spouse blames the other for the divorce. No-fault divorce is when neither spouse blames the other. Uncontested divorce is when both spouses agree on all terms of the divorce. Collaborative divorce is when both spouses work together with their attorneys to come to an agreement.

What is adultery?

Adultery is a grounds for divorce in some states. It occurs when one spouse has an affair with someone else outside of the marriage. This can be difficult to prove in court, so it’s important to speak with an attorney if you believe your spouse has committed adultery.

What is child custody?

Child custody is the legal term for who will have primary care of the children after a divorce. There are two types of child custody: physical and legal. Physical custody is when the child lives with one parent, while legal custody is when both parents have the right to make decisions about the child’s welfare. Child custody can be joint or sole, and it can be awarded to either parent or to both parents jointly.

What is spousal support?

Spousal support (also called alimony) is money that one spouse pays to the other during or after a divorce. It is typically paid by the breadwinner to the stay-at-home spouse, but it can also be paid from one ex-spouse to another if there is a large disparity in earnings. Spousal support is usually ordered by the court, but it can also be negotiated as part of the divorce settlement.

What are the grounds for divorce?

The grounds for divorce vary from state to state, but they typically fall into two categories: fault and no-fault. Fault grounds for divorce include adultery, abandonment, abuse, and substance abuse. No-fault grounds for divorce include irreconcilable differences or an irretrievable breakdown of the marriage.

What is mediation?

Mediation is a process where both spouses meet with a neutral third party to try to resolve their differences. The mediator does not make decisions for the spouses, but instead helps them to communicate better and reach their own agreement. Mediation can be used for all aspects of the divorce, including child custody, property division, and spousal support.

What is collaborative divorce?

Collaborative divorce is a process where both spouses work together with their attorneys to come to an agreement on all terms of the divorce. This includes child custody, property division, and spousal support. Collaborative divorce is often faster and less expensive than traditional litigation.

What are the requirements for getting a divorce?

The requirements for getting a divorce vary from state to state, but they typically include a waiting period, grounds for divorce, and filing fees. Some states also require couples to attend counseling or mediation before they can file for divorce.

What are the effects of divorce on children?

The effects of divorce on children depend on the age of the child, the type of divorce, and the parenting skills of both parents. Generally speaking, however, children who come from divorced homes may have more behavioral problems and may do worse in school than their peers from intact families. They may also have difficulty forming close relationships when they reach adulthood.

What are the tax implications of divorce? 

The tax implications of divorce vary depending on the type of divorce and the asset changes involved. For example, if one spouse transfers ownership of a house to the other spouse as part of the property division in a no-fault divorce, there are usually no tax consequences. However, if one spouse pays spousal support to the other spouse,  under circumstances that spouse may be able to deduct the payments on their taxes. It’s important to speak with a tax professional about the specific implications of divorce on your taxes.

If you’re considering getting a divorce, there are many important things to think about. These ten questions are a great starting point to help you understand what to expect in the process. Once you have a better understanding of the divorce process, you can make informed decisions about what’s best for you and your family.

If you have any additional questions, or would like more information on the divorce process, please contact the Palombo Law office to speak with one of our experienced divorce attorneys. We are here to help!

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