Divorce has never been an easy decision. It is complicated on the emotional, financial and legal front. Along with the separation, you will be bound to make individual stern decisions regarding child custody, property division, etc.
To clear your doubts regarding divorce, we are sharing some pointers that you should discuss with your legal solicitor. These are some basic yet important chunks of information that will aid you to a great length during your divorce proceedings. Here are some questions to ask your legal solicitor and have a detailed personalized discussion in the same row:
Is it necessary to take a divorce case to the courts?
A lawyer can make you informed about the practical consequences of filing a divorce. The thought of heading to the court always seems like too much. It is always better to solve the matters mutually and amicably between the spouses. However, you must be ready for court proceedings as a divorce always has some courtroom consequences. Solicitors always make it all a little less difficult for you.
How long does a divorce proceeding last?
Every divorce case is different in itself. The duration of its proceedings completely depends on its complexity. However, a rough estimate lies around six months.
It is always suggested to sort financial matters before filing a divorce to avoid unwanted delays. If you and your partner have decided for divorce on a friendly note, you can have some agreements based on child custody, financial matters, etc. This will make your case less complex, and the duration will reduce substantially.
Do I have the right to file for a divorce?
The court deems a relationship fit for divorce filing when it is broken down irretrievably. In order to exercise your right to file for divorce, you will have to prove one of the following facts:
- Unreasonable behaviour
- Consistent separation for two years – In this case your spouse must give consent to the divorce
- Consistent separation for five years – In this case, you can file for a divorce even if you spouse disagrees
- Adultery
- Desertion
Apart from these, you can also file for a “no-fault” divorce if your spouse has a mutual agreement that you do not want to stay married.
Who will get the child custody?
The matter of child custody is settled between spouses with the help of mediation or arbitration if needed. When spouses do not reach a mutual agreement regarding, then the court deals with this matter. The judge put the best interests of the child first while deciding on the custody.
Who pays the cost of divorce?
According to the general rule, both the parties are liable to pay their legal fees concerning the divorce. In some cases, wherein the divorce issue is unreasonable behaviour or adultery, the court may or may not order the party at fault to bear the other party’s legal costs. Your legal solicitor can guide you in detail based on your case.
What is the mode of payment of legal solicitor services?
It is crucial to know how your divorce lawyer will bill you. Make sure that you understand the payment method, cycle and exact charges. If you are looking for affordable legal help regarding your divorce case, Osbourne Pinner is always here to assist you at minimal charges.
Is it important to have a point of contract in a divorce case?
A divorce lawyer will suggest you get a contract. Because, when you go through a divorce case and pay for legal assistance, a contract will facilitate you a lot. Otherwise, you will have to explain your case to different people at different stages.
Who will actually handle the divorce case, and what are their achievements?
You have complete right to enquire about your lawyer. When you connect to a reputable firm like Osbourne Pinner, you will get the thorough introduction of the legal solicitor who will handle your case. We believe in transparency, and thus we will let you know educational as well as the career details of your lawyer. There will be an initial meeting between client and lawyer so that you can get a clear idea on who is dealing with your case.
