A divorce can be difficult for all parties involved. There are many legal issues to tackle, and making even one error can slow down and complicate the entire process. Let’s take a look at five common questions that estranged couples ask during divorce proceedings.
- Is divorce the same thing as an annulment or legal separation?
A divorce differs from both an annulment and legal separation. If a couple gets an annulment, it’s like the marriage never happened in the first place. With legal separation, a couple lives apart from each other but are still married.
A divorce recognizes that a couple have differences they can’t resolve and wish to break the union. The vows aren’t null or void, but the couple no longer have to commit themselves to one another.
- What is the difference between fault and no-fault divorce?
In a fault divorce, one spouse is held responsible for breaking up the marriage. There are some areas that still allow fault divorces, but the majority of states process no-fault divorces. In a no-fault divorce, neither party is responsible for the marriage’s demise.
- How does alimony work in divorce?
The spouse responsible for breaking apart the marriage in a fault divorce is ordered to pay the other spouse alimony, no matter what his or her income is. If it is a no-fault divorce, the income of both parties and whether one spouse was mainly responsible for caring for the children is taken into account.
- What about child support?
If a couple can’t come to an agreement on child support, the court will decide how much child support needs to be paid each month. Child support depends on which person has primary custody. The court considers what the children need against the income of the spouse responsible for paying support to figure out a fair child support amount.
- Can a spouse stop a divorce?
It’s possible to stop a fault divorce if the accused partner proves that he or she is innocent.
It’s not possible, however, to stop a no-fault divorce.
A divorce can get complicated very quickly, so you shouldn’t go through it alone. It’s in your best interest to hire an experienced divorce attorney as soon as possible. He or she can guide you through the entire process and ensure your rights are protected. A skilled attorney, like a divorce lawyer Bloomington IL trusts, can also offer objectivity and prevent you from making mistakes that could hurt your case.
Thanks to our friends and contributors from Pioletti & Pioletti for their insight into family law and divorce practice.