Do I have to go to court to get divorced?

Going through a divorce does not necessarily mean you must go to court. A divorce can be resolved through informal negotiations between the two parties and their attorneys.

Can I get divorced without my spouse’s signature?

Contrary to the myth, you CAN get divorced without the signature of the spouse. One spouse’s lack of consent does not usually postpone or thwart a divorce.

Can I buy a house when separated from my spouse?

If you are going through the divorce process (and are already legally separated) and have already entered into a property settlement agreement with your spouse, any new property that you purchase will not be considered marital property.

Is a house owned prior to marriage considered marital property?

If an asset/property was obtained prior to marriage, it is considered private property and is owned by the original owner. If the original owner, at any time, transfers the title (adds spouse to account) as a gift, then the property becomes community property.

Is my spouse entitled to my pension?

In a divorce, a spouse is entitled to half of the Main wage earner’s pension even if it’s a lump sum pension; meaning that at any time, the spouse can lay immediate claim to a percentage of the pension and move it to another fund. A 401k also falls under this category; the spouse and dependents are entitled to a portion of the assets.

How do the assets get divided in a divorce?

In most cases, community property (property you both share) is divided equally between the spouses, while each spouse keeps his or her separate property. There are cases where the court may do and equitable distribution where assets and earnings accumulated during the marriage are divided fairly, but that does not always mean equally.

My spouse cheated on me; do I have to prove it to the court?

Adultery is when two people are having sex or are living together, while one, or both, is married to someone else. You do not necessarily have to provide proof of your spouse having sexual intercourse with someone else, but you must provide proof that he/she had the intent and opportunity to do so.

Can I get divorced without having to pay?

You can only get a free divorce if the court agrees to wave your divorce fee. Every court and municipality is different, but many times you can contact the local county courthouse clerk and ask about “pro se litigant” divorce requirements. This normally applies if you and your spouse are financially unable to pay the fees due to financial hardships.

What are my rights in a divorce?

When a divorce is happening, you may have a right to economic support or property. Of course, these rights depend on different things, such as whether you were legally married or in a common-law relationship, and if there are children involved.