Filing for divorce is a daunting task. You may be unsure where to begin or wondering if divorce the best option for you and your family. At Simonetti & Associates, our divorce lawyer in Hampton Bays wants to ensure we address every question or concern you may have about divorce. To start, we’ll dive into some common concerns involving divorce and filing.
Frequently Asked Questions About Divorce
How long is the process of divorce?
There are a few factors that affect the length of the process of divorce. It depends on how complex the case may be as well as the situation of the individual couple. For example, cases involving a short-term marriage, no children, or marital debt and assets generally require less time and money to settle. The length is also dependent on how agreeable the couple is when it comes to the terms of the divorce. The more a couple struggles to agree, the longer it will take to finish the process.
How is child custody determined?
Child custody is determined by the couple involved. If the couple cannot agree, it is up to the courts to go by “the best interest of the child.” With that in mind, “the best interest of the child” is affected by numerous factors.
What if your spouse is missing?
It is possible to divorce a spouse despite being unaware of their location. To do this, courts generally require the spouse filing to prove a thorough effort to locate their spouse was made before taking further action. From there, one would have to publish a notice in the newspaper to circulate the area of the last known location for a certain period to allow the missing spouse time to respond. From here, our divorce lawyer in Hampton Bays can advise you on the next steps.
What are the legal grounds for divorce?
Though there may be many personal reasons for which an individual may file for divorce, the legal grounds for divorce include:
- Physical or mental abuse
- Attempted murder
- Separation with or without consent
- Abuse of drugs or alcohol
How are assets divided in a divorce?
Referred to as a “marital settlement agreement,” this is determined by the spouses. It is a contract between the husband and wife that divides property, debts and resolves other divorce issues. Generally, this is settled without the need for a judge. If this is not possible, however, it is then up to the courts to determine.
Best Divorce Lawyer in Hampton Bays
If you still have some questions or in need of some legal advice, our divorce lawyer in Hampton Bays is here to help. Contact us to schedule a consultation today!