Note: As you answer these FAQs for the Divorceinfo Network, please don’t be afraid to provide lots of information. People who are going through divorce are hungry for details. If there’s a statute or case that you’re summarizing, please include the cite to it. It’s okay to say “It’s hard to know” in response to one or more of the questions, but when you do, please explain more about different interpretations people have applied so the reader will have some guidance about how the issue is likely to be considered.
As you recall, I also ask that you answer these questions with a minimum of CYA and legal jargon, and I also ask that you use no first person responses (this is to avoid misleading the reader into thinking these are the words of the webmaster). Thanks for your help!
- Parenting
- Division of Property and Debts
- Child Support
- Alimony or Spousal Support
- Mediation
- Pro Se Divorce
- Miscellaneous
Parenting
How does custody get decided as between a parent and a third party?
Your Answer.
How does custody get decided as between parents?
Your Answer.
What’s the terminology for custody?
Your Answer.
Is there a presumption in favor of not changing custody arrangements?
Your Answer.
What effect does the misconduct of one of the parents have on custody?
Your Answer.
What effect does the mental health of one of the parents have on custody?
Your Answer.
What effect does the preference of the child have on custody?
Your Answer.
How does visitation get set?
Your Answer.
Is there such a thing as “standard visitation”? If so, what is it?
Your Answer.
Is there a standard visitation pattern when the non-custodial parent is in a different state from the child? If so, what is it?
Your Answer.
What rules govern cases where the custodial parent wants to move away with the children?
Your Answer.
What visitation rights do grandparents have, if any?
Your Answer.
Division of Property and Debts
What’s the general rule of property division (equitable distribution, community property, or legal title)?
Your Answer.
What effect does the conduct of the parties have on property division?
Your Answer.
What effect does the length of the marriage have on property division?
Your Answer.
Is there such a thing as separate property? What does it take?
Your Answer.
Any special rules for the marital home?
Your Answer.
How do retirement plans get divided?
Your Answer.
Child Support
How does child support get figured?
Your Answer.
How do you change child support?
Your Answer.
Does child support get deducted from the payor’s paycheck? How?
Your Answer.
When will the court allow a deviation from the guidelines?
Your Answer.
Alimony or Spousal Support
When does alimony get paid?
Your Answer.
How does the court decide how much?
Your Answer.
What does it take to change alimony?
Your Answer.
When does alimony stop?
Your Answer.
Mediation
Is mediation mandatory? When?
Your Answer.
Who pays for mediation?
Your Answer.
What are the requirements for who can act as mediator?
Your Answer.
Pro Se Divorce
How hard is it to file my own divorce?
Your Answer.
What are the papers that need to be filed?
Your Answer.
=What’s the filing fee for a divorce?
Your Answer.
Miscellaneous
What are the requirements for residence?
Your Answer.
What are the grounds for divorce?
Your Answer.
Does the state recognize common law marriage? If so, what does it take to be married at common law?
Your Answer.
How does annulment work?
Your Answer.
Is there such a thing as legal separation? If so, how does it work?
Your Answer.
Do parents of minor children have to go through parent training? If so, how much does it cost, and how long does it take?
Your Answer.