Divorce

The house is in my spouse's name, not mine. Am I in trouble here?

Often a house may be in only one person's name instead of both. If so, know that how the house is titled is not controlling in a divorce. Regardless of how the house is titled, it will be handled the same way in the divorce, and just like everything else - as a division of marital property. 

Will I have to go to court?

If you have a case where you and your ex can't agree on all of the issues presented, you'll have to go to court. If you're able to agree on all the issues, you most likely won't. 

Going to court - especially for the first time - can be an intimidating thought. But really, it's probably not what you're thinking. 

Will I pay or receive alimony?

Alimony is only awarded in a divorce or legal separation. Most often, alimony awards are part of a divorce decree. Whether a person will be awarded alimony or not depends on a long list of factors, but most importantly:

  • The length of the marriage
  • How much income each person will or should be able to earn after the divorce
  • What assets each party will have after the divorce. 

How long will my divorce take?

The biggest factor - by far - for how long your divorce will take is whether the divorce is contested or uncontested.

If you and your soon-to-be ex can reach an agreement on how everything will be divided, how custody and visitation will go for any children, and the amount of any child support or alimony, an attorney can memorialize your agreement into a legally binding form within one to two weeks. 

If you can't reach an agreement, the process naturally takes much longer.