Our family law practice involves attorneys who understand that they are representing clients at tough times in their personal lives. It is completely understandable that you have many questions when deciding to pursue a family law issue or dispute, such as divorce. Groth & Associates will answer your questions. Here is a list of commonly asked questions. If you do not see your question here, please let us know. We are happy to provide the answer.
What is a divorce?
A divorce is a legal process by which a marriage is terminated. In a divorce proceeding, the parties’ marriage is legally ended and the related issues – such as spousal and child support, child custody and visitation, and property and debt division – are resolved by trial, both parties, a mediator or a court.
Do I need an attorney?
We strongly advise that you hire an attorney who will protect your rights and look out for your best interests. Most divorces are contested, and can be very complex and emotional. An attorney will have the resources, expertise, and negotiating skills to help you through this potentially difficult situation. Do not attempt to consult with your spouse’s attorney to receive legal advice. It is unethical for any attorney to represent both sides in a divorce and to give legal advice to both husband and wife.
How long does it take to get a divorce?
This depends on several factors. These could include the following: Whether the divorce is contested or uncontested, the amount of property, the presence of children, and the location of the filing.
What is the difference between a divorce and legal separation?
A divorce ends a marriage. A legal separation involves the same procedures as a divorce (property division, child support, etc.), but the separated spouses can’t marry others. Often legal separation is an alternative for people who wish to avoid divorce for religious or other reasons. A legal separation can be converted into a divorce. Spouses who reconcile after a legal separation may apply to have the separation revoked.
What is Spousal Support (alimony)?
Upon separation or a divorce, a judge may order one party to pay spousal support to their spouse. If awarded, the amount, type and duration is determined primarily by the length of marriage, the need of one party for support, the ability of the other party to pay the support, and the standard of living the parties have enjoyed together.
What is mediation?
Mediation is a voluntary, private, and confidential process, whereby a couple meets with a neutral party who is skilled in legal matters. This mediator helps them facilitate their communication in order to negotiate agreements.