Navigating the divorce process may seem intimidating and difficult, especially when you are just getting started. Many clients share similar concerns, and, as your trusted attorney, it is our job to ensure that you feel comfortable throughout this entire process by answering questions and addressing concerns. That is why we have gathered the most frequently asked questions clients ask about divorce:
What are my rights during a divorce?
You have rights protected under the Bill of Rights. You will have the right to a fair trial and the right to a safe trial, free of harassment from a spouse or their attorney. If you have children, you will have the right to see your children, unless otherwise instructed by a court. Speaking with an experienced attorney is the best way to learn and understand your rights during a divorce. The professionals at Mestayer Law Firm, PLLC are always happy to sit with you to answer the questions you have about this process.
How does the court decide on child custody during a divorce?
Child custody is based on many different factors. Usually, during the case, temporary custody is issued, so the child may have a stable routine that they can depend on. Judges tend to be hesitant to change this plan when deciding on permanent custody, as the court does not wish to remove stability from a child’s life. However, temporary custody is not a guaranteed result of child custody. Judges will ultimately consider the well-being of the child over any other factors. The court will look into histories of mental illness, drugs, financial stability and many more factors. Courts tend to favor the spouse who put their issues in divorce aside to focus on the betterment of the child.
How is property divided during a divorce?
Property laws usually depend on the state you live in. Some states have strict property laws while others simply do not. In most states, it comes down to community property and separate property. Separate property is anything acquired before the marriage that was not shared between the two parties during the marriage. Community property is something you and your spouse bought together during the marriage, which can include cars, homes, and many other things. Your lawyer will be able to properly walk you through your individual state laws to help guide you through this process.
How much does it cost to get divorced?
This is definitely one of the most common questions people ask about divorce. The answer is different for everyone as it depends on what issues you have to settle. If you have children, you will need to deal with the issue of custody. Do you own a business together? How will your estate be divided? Is there a post-nuptial or prenuptial agreement? These are all important factors that will impact the cost of your divorce. At Mestayer Law Firm, we offer free estimates, so we can help answer this question and many others either on the phone or at our office.
How long will a divorce take?
How long a divorce takes will depend on your unique situation for reasons similar to the question above. Your attorney will need to know estate plans, businesses or property that you and your spouse own, as well as consider any children and custody agreements involved. The divorce may be prolonged if you go to court, which is why lawyers suggest their clients go through mediation or collaboration.
What is the difference between divorce mediation and divorce collaboration?
Divorce mediation is when a third party is hired to ease the resolution of issues between the couple getting divorced. The mediator helps with paperwork, mutual communication and secures 60-70% of goals are met for each party. Divorce collaboration is a binding legal contract that states both parties and their attorneys will never go to court. If this process is breached, each party will have to find a new attorney and the process will restart. Attorneys are able to help clients identify what is important and how to work through those issues. It is common to have mental health professionals, divorce coaches and financial experts involved in this process.
If you have questions regarding divorce and what it can entail, contact Mestayer Law Firm, PLLC today. We can help you get your affairs in order so you don’t have to worry and your family can have peace of mind. Give us a call today at 228-762-1193 to learn more.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors or mistakes.