Divorce law is widely misunderstood due to pop culture and media portrayals. Many people assume that the law will come down on them for things that it can not or will not. Here are some important things which will help you understand what divorce is like.
It is not likely that your case will go to court. There will be no lawyers questioning your marriage or your reasons for divorce. Almost all divorce cases are undefended. There are usually arguments between the parties, but it is mostly paperwork. Not going to court is the best situation as it will make for a cheaper and more amicable divorce.
Almost every part of divorce takes place on paper. This means that the documents are often written in a formal, legal language. Always make sure to ask your attorney any questions that you have. Your attorney is there to help you through these often difficult times.
The law is often viewed as confusing and uncertain when people seeking divorce first meet, because the system is very flexible and each family has different needs. Except for child support, there is no set formula for deciding who gets what. Instead, lawyers often figure the amounts out due to past experiences and court decisions.
The time of a divorce proceeding and what happens regarding the money is, to a large extent, something for you and your partner to decide. You might be able to decide things together, which may be better for the two of you. Sometimes differences cannot be settled, and then it is not so certain how things like child support, custody, and when to divorce are settled.
Another thing often assumed by people seeking a divorce is that the law favors certain sexes. Family law gives equal rights to men and women. It is often portrayed that the law is biased towards one sex. Men often pay more, not because the court wants to be unfair but because they statistically make more money than women. In a situation where a father has stayed home to raise his children and the wife makes the most money, she is often ordered to pay the husband child support.