8 Common Divorce Questions and Answers

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It is very uncommon for a person’s thoughts to travel to the words of friends and acquaintances, their stories, and the challenges they experienced when going through a divorce for the first time. This is a natural reaction. Is it anything that actually takes place, though? We intend to put an end to the most important divorce questions that people hold.

  1. Where and how to file for divorce?

If a couple decides to end their marriage, they can do so at either the local registrar’s office or in court. 

Divorce at the local registrar’s office is the quickest and easiest option. Here, getting a divorce will be as simple as getting married. However, divorce in such a situation is only conceivable if neither of the partners has any minor children. Divorce may only proceed if both parties are in agreement. 

In cases when small children are involved, a divorce cannot be finalized outside of court, even with both parties’ agreement. In these cases, representatives from child protection agencies must be present. 

If neither partner agrees to the divorce and there are significant arguments about how to divide their assets, the divorce may have to go via the courts. 

Divorce proceedings via the courts typically include a mountain of paperwork, all of which must be properly signed and submitted. In addition, going to court is a stressful ordeal that tests one’s moral fortitude. 

Divorce proceedings are best left in the hands of trained legal professionals.

Modern days also allow another type of divorce, which is an easy divorce in New Hampshire online — this makes the whole process way faster. 

  1. How to divorce without the consent of one of the spouses?

A divorce is something that may only be allowed by a court in the case there is conflict in divorce laws and neither party wants the marriage to come to an end. You may accomplish this by submitting a statement of claim to the court, together with the necessary filing fee and a certified copy of your marriage license. This will allow you to proceed with the proceeding. Your petition for divorce should, to the best of your abilities, include all of the supporting paperwork that you have.

3. How to divide property upon divorce?

The divorce questions and answers of whether or not it is necessary to divide property and collect alimony after a divorce are prevalent. This is especially true when considering the fact that many clients who come to attorneys for assistance are unaware that a divorce can be finalized without the property and alimony being divided. The procedures for getting a divorce, determining alimony payments, and dividing assets do not need to be combined into a single process. Naturally, this is something that can be done, but it is in no way necessary for us to do so.

4. How is the filing and submission of a claim to the court happening?

The question of in which court to petition for divorce is also one that is raised quite frequently. Family lawyer answers, that an application has to be submitted to the court at the location where the defendant is registered. 

The location of the plaintiff’s residence is the one that is used for the filing of divorce cases, not the defendant’s. If the plaintiff cannot go to the defendant’s home state to face the defendant in court because of the presence of young dependent children or for some other good reason, the court may allow the plaintiff to have the case heard in the county of the defendant’s domicile instead of the defendant’s home state. The defendant’s home state is the location of the defendant’s primary residence.

5. How is child support collected?

Lawyers receive a lot of common divorce questions about how to go about pursuing alimony payments from a spouse who does not have a conventional job and, as a result, does not have a consistent source of income. 

People who are currently unemployed may still be qualified for alimony payments. On the other side, the amount of alimony that is paid is always a defined cash amount that is determined by what the area median pay is. If you have no notion where the defendant is registered and so have no idea in which court to apply for a divorce since you don’t know which court to file in, this information is for you. 

The last known address of the defendant or their place of registration must be utilized in this situation. However, if you wish to file for divorce, you can acquire the address of the person who will be the plaintiff.

6. How to divorce if the husband is abroad?

“How to divorce when the husband is abroad” is a frequently asked question about divorce. To get a divorce in this situation, you can go through the Civil Registry Office or court. There are several variables involved. 

Divorce through the Civil Registry Office, for instance, is only an option if both parties agree and there are no minor children in the marriage. 

If one spouse is located outside of the nation and unable to present in person at the Registry Office to file for divorce, that spouse may instead apply to the notary authorities, have the application for divorce certified, and then deliver it to the other spouse. Divorce can only be granted by a court if either spouse lives abroad or if they have small children together and both oppose the divorce. 

For a divorce in this situation, legal action must be taken. When your child reaches adulthood, can the spouse legally discontinue making alimony payments to you? A father who has a kid enrolled in college is responsible for maintaining financial support for that child until the youngster reaches the age of 23 or completes their studies. Once again, a statement of claim filed with the court is required to receive alimony for a grown child. The kid’s parent(s) or the child (if the youngster lives with them) can reapply in this situation.

7. Is it possible to divorce during the pregnancy of the wife?

Is it possible to seek a divorce even if one of the spouses is pregnant or if the kid is younger than one-year-old? In point of fact, a divorce cannot be granted to a woman who is pregnant or who has a child who is younger than one year of age. There are some situations in which divorce is a possibility, but this is not always the case. A divorce can only be granted if one of the husbands has been involved in criminal behavior and there is strong evidence that the offense was committed against the wife or the child.

8. Is it legal to collect alimony for the last time?

In recent times, the topic of whether or not a child is eligible to get back alimony for a period of time that occurred in the past has been the one that has received the most inquiries. There are a few circumstances where the Family Code allows retroactive alimony payments to be made. A warrant of execution can be used to collect overdue alimony payments; however, this method can only be used to do so for the three years prior to the introduction of such a writ. 

You are required to make a claim with the court in order to get back alimony payments, but the court is also responsible for establishing that you are entitled to receive those payments before you can actually receive them.

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