What are the terms for settling a divorce? 22 Answers as of June 02, 2011

My husband and I have decided to get a divorce. I want to know my rights and the exact steps to take for this process so that I am fully aware of everything that needs to happen. Are there specific rights or does it depend on the case itself?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
A divorce court is a court of equity which means the judge does what he or she thinks is fair based on the facts of the case. In general terms, the longer the marriage, the greater the likelihood that support may be required. Also, the court will consider what caused the breakdown in deciding how to divide the marital estate. Stay well.
Answer Applies to: Alabama
Replied: 6/2/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You would be entitled to a 50/50 division of net community assets (taking into consideration community obligations), and a dissolution of your marriage. Those are the only "generic" responses that I can provide you. You should consult with an experienced Family Law Attorney regarding the specifics of your marriage, to determine your rights and obligations with more specificity.
Answer Applies to: California
Replied: 6/1/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Your rights are exactly what you and your husband agree they are OR what a judge says they are if you don't agree. When parties can't agree, the judge will be required to fairly divide all marital property and fairly allocate all marital debt. If one party requests spousal support (alimony) the judge will decide if spousal support is necessary and appropriate and, if it is, in what amount and for how long. There are no simple hard and fast rules about anything, so you really need to consult an attorney to evaluate your specific fact situation and give you a more realistic estimate of what a judge might do in your case if you can't reach an agreement.
Answer Applies to: Colorado
Replied: 6/1/2011
Rice & Co., LPA
Rice & Co., LPA | Kollin Rice
Every case is unique. There are certainly certain expectations courts have for divorce, and a framework within which they are worked out. It is not possible to generalize in away that addresses every possibility, especially without knowing the particulars of your situation. A divorce is a crucial turning point in your life, and can have important consequences for the rest of your life. You really need to consult with a lawyer about your particular circumstances.
Answer Applies to: Ohio
Replied: 6/1/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Settling the divorce depends on what you and your soon-to-be-ex husband agree on, and that depends on how many kids your have, their ages, any special problems they have, your living situation, his living situation, his income, your income, what you own, what money you owe....many, many things. You should sit down with a divorce attorney and get some assistance. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Replied: 6/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There are a large number of issues to be resolved in a divorce and an equally large number of potential pitfalls if the issues are not resolved in a fashion to protect the interests of the parties. It is impossible to outline all the issues of divorce without a review of the particular facts of the case.
    Answer Applies to: Minnesota
    Replied: 5/31/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    The steps taken to settle a divorce are somewhat different than one where the court makes the determination. To start, the settled cases are considered "uncontested" and are usually handled by another clerk at the divorce court. With respect to deciding on a settlement, a great deal depends on the specific facts relating to the marital estate. Do you have any minor children from this marriage? If so, who will get custody, or will it be joint custody? What are your respective salaries? What assets do you own? Did either of you obtain a college or post-graduate degree during the marriage? Are either of you on disability? As you can see, the issues are quite complex, and you should probably consult with an attorney before agreeing to anything with your husband in writing.
    Answer Applies to: New York
    Replied: 5/31/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are the Goolsby Law Firm, LLC, divorce attorneys in Augusta, Georgia. I would recommend that you retain a divorce lawyer to help you by preparing and filing all the documents necessary for a Georgia divorce. The first step is to call and consult with a divorce attorney. Then, let him or her help you complete everything else! Good luck!
    Answer Applies to: Georgia
    Replied: 5/31/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You are entitled to a fair and equitable division of your assets and debts. The rest depends on other relevant facts, none of which you reveal.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Some rights are granted by statute and some by the common law. Some issues of the divorce can turn on the circumstances. It depends upon the state, the laws and the circumstances. Please consult with a local attorney for further information.
    Answer Applies to: Ohio
    Replied: 5/31/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    The terms of settling a divorce are what ever you want based on the foundation that the community is to be divided equally, and separate property being confirmed to the owner spouse. There are many nuances, so to determine your specific " RIGHTS" we will need to discuss your particular facts. IF you are seeking legal representation, please contact me to discuss your particular case, and then I can declare your " RIGHTS".
    Answer Applies to: California
    Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    This is much too big of a question to answer over email. We need to talk to discuss your situation in particular. Go to my website for some initial information but feel free to call also. Let my staff know you are a law QA referral.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Each case is unique in its own way. It would be very difficult to give a "set of rules" to follow. There are certain things the court requires be addressed, depending on the circumstances. For example, if you have children, what is the parenting plan? If it is financial, how is it being divided and is it fair under the circumstances? You would be best consulting with an attorney to discuss your specific case.
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No way to answer this question in a few sentences or paragraphs. Each case is different depending on the issues that are involved, for instance, spousal support, dividing assets/debts, custody, visitation, etc. If you want legal assistance, you have several choices: 1. Go to the free legal self-help center at your local courthouse (although, they typically won't give "legal advice." 2. Find a legal aid organization in your county (do a Google search or review the family law page of your local county court's website). There are usually several that provide free or low cost assistance on a sliding scale based on your income. 3. Contact a local family law lawyer and set up a consult. Good luck!
    Answer Applies to: California
    Replied: 5/31/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    All cases are different yet have legal similarities. For example, a division of assets is "fair and equitable." Child support is based on a schedule. Spousal maintenance is based on need and ability, and other factors. And, so on.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    There are a ton of "rights" to which you are entitled, however, the best thing to do is consult with a matrimonial attorney to discuss them in depth. That's because there are too many to just role off my fingers on this short answer. Speak to an attorney. Good luck.
    Answer Applies to: New York
    Replied: 5/31/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The rights are set forth in the family code. They are too numerous to list here. If you need help with your case, then an attorney would be the best person to see to get specific questions answered. If you are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Every case is different, and your case will depend on the specific facts of your particular situation. You will need to actually speak to a divorce attorney in detail if you want to be fully aware of what should happen in your case.
    Answer Applies to: Massachusetts
    Replied: 5/31/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, there is a wide range of discretion as to what a court can award, and it depends on the facts of the specific case. You should consult with a lawyer in your area for more information.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    It depends on the case but there are certain rules, depending on what state you are divorcing in.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The facts of each divorce are different, and outcomes are also fact-dependent.
    Answer Applies to: Georgia
    Replied: 5/31/2011
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