Frequently Asked Questions
Does one have to go to court to obtain a divorce?
A court of law is the only place where one can obtain a divorce
decree or legal separation. Besides the termination of the
marriage, the court also has jurisdiction to resolve the related
issues including custody and visitation rights, division of
property, spousal support, child support, restraining orders,
etc..
What is involved in starting the process for a divorce
or legal separation?
The first step is the filing of a properly executed petition
with the appropriate court.
How long does the required process take to obtain a divorce
or legal separation?
The time period is at least four months. If there are contested
issues involved, it can take longer before all of the issues
are resolved by the court. The decree of divorce has full
effect as soon as it is granted by the judge.
What is a divorce?
A divorce is the legal termination of marriage.
What is a legal separation?
Legal separation is a legal status conferred by a court, where
the parties remain married, but the court sets the rights
and liabilities of the parties with respect to child custody,
child support, visitation, spousal support, property, and
debts.
What is an annulment?
An annulment is a method of voiding the contract of marriage.
If an annulment is granted, the result is that the parties
are treated as if the marriage never occurred. An annulment
can be granted only in unusual circumstances, such as when
a party involved lacked the capacity to consent to marriage.
How are custody and visitation issues decided?
Each county has different procedures relating to the process
of deciding these issues, usually involving mediation as a
first step and the appointment of an attorney to represent
the best interests of the child(ren) in the event mediation
fails. No area of family law brings to the courtroom as much
tension, anxiety, hostility, volatility, and raw emotion as
child custody and visitation litigation.
Most often a judge will advise the parents themselves to come
to a mutually acceptable agreement, if possible. A decision
made by the court is rarely completely acceptable and is invariably
very costly.
