5 Most Common Family Law Questions Answered

Family law handles family matters including child custody, child support, and divorce. If you're dealing with such matters, you probably have multiple unanswered questions. Here are the five common family law questions and their answers.

What Is the Legal Basis of Filing for Divorce?

Many states grant a divorce based on two grounds:

  • Fault-based divorce. Here, one of the spouses is to blame for the divorce reasons such as adultery, abuse, and drug addiction.

  • No-fault divorce. Here, neither of the spouses blame the other for a failed marriage. The reasons could be due to incompatibility, irreconcilable differences, or living separately for an extended period.

The reasons for fault-based and no-fault divorce vary across states, and you should find out your state's family law requirements.

How Long Does the Divorce Process Take?

If you're wondering how long your divorce case will take, there's no defined period. However, if you divorce amicably, you and your ex-spouse can negotiate and settle the case quickly through your family law attorneys. But, if the divorce is adversarial, the court will solve the case, which may take longer.

How Can Does Pension Work During a Divorce?

The court may rule that you share a certain percentage of your pension with your spouse. Alternatively, if you don't want your spouse to touch your pension, you can offset the pension's value against other assets. For instance, you can agree to give your ex-spouse more equity for your property in exchange for keeping all of your retirement benefits.

How Does the Court Determine Matters of Child Support?

The amount of child support you receive depends on factors such as your income and the time you spend with your children physically. For instance, if you live with your children full time and earn a low income, you may receive a high amount of child support.

What Should Happen If an Ex-Spouse Fails to Pay Child Support?

If you have a court order for child support, you can use a wage assignment to collect the funds directly from your ex-spouse's employer. However, if there are a lot of arrears, consider filing a contempt citation. Overdue child support accrues interests that your ex-spouse will pay or face possible jail time for several months.

The answers to these five common family law questions shed light on the grounds for divorce, how long divorce takes, and how you can protect your pension during a divorce. Also, you understand how the court determines child support matters and what to do if your ex-spouse doesn't pay child support. This information will provide you with the confidence you require to face your divorce case.

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