Divorce Case: FAQs

There may be a lot of questions and doubts bubbling up if you or anyone you know is getting a divorce. Do not worry, Boston, MA divorce lawyer has targeted to answer a few frequently asked questions by people who are about to get a divorce. Keep reading to get your doubts sorted.

How do get a divorce process started?

You have to find a local legal clerk and file the divorce petition. You can take the help of an attorney to file the petition or you can do it yourself without any assistance from a lawyer. Once you file the petition, your spouse will be notified about the petition and there is a statute of limitation to respond to the petition. 

Does the court decide who will get the child custody?

If there is a mutual understanding between the parents and both the parents a willing to keep the child and do not have any problem if they end up not getting the child, the child can decide who they want to stay with. But scenarios are not so much sorted in most of the cases. Hence the court will determine “the best interest of the child”, and then decide who will have the right to take care of the child. However, the actions of the court vary from state to state, to know more about the child custody guidelines you can Google it.

How the property is divided during the divorce?

All property is considered marital property if you do not hold a separate property. Separate property is the one that the spouse had before the marriage, the one inherited by the spouse, never co-mingled, and given as a gift from one spouse to the other. On the other hand, every property bought after the marriage is marital property. The court will verify all the factors and then divide the properties.

Other factors that will be considered by the court of law are the income of the spouse individually, the return expectations after retirement, the contribution of a spouse to the other’s education and career development, and the need of the custodial parent to live in the marital property.

Will I receive alimony?

There are various factors determining alimony and it varies from state to state. The court of law will take into consideration the lifestyle of the couple before the divorce and whether one of them is unemployed and then decide accordingly. 

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