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Divorce FAQ

A Quick Guide to Divorce FAQ

Where Should I seek Divorce FAQs?

This article is a good starting point for your search for divorce FAQ.  You will be able to obtain some general knowledge of divorce laws and procedures that are fairly similar from state to state.  If you are seeking legal advice for your divorce FAQ, you should contact a family law attorney in your state.  

Divorce FAQ

Can I get a divorce in my state?

In general, you can get a divorce in your state depending on the amount of time you’ve been separated and whether you have been a resident of that state for a proper period of time.  You must usually be a resident of your state for six months before filing for divorce or separation, and you must sometimes be legally separated and living apart from your spouse for a year in some states.  Once you are eligible for divorce, you usually have to wait 90 days between filing a petition and issuing the dissolution decree.  

Can I change my name back to my maiden name after a divorce?

It’s quite easy to initially change your name, and quite difficult to then change your name on all of your accounts, utilities, identifications, and so on.  You will have to prove that you are not changing your name to avoid creditors, and you should contact your creditors immediately after you have changed your name.  

What decisions can the court make about my children?

Courts within every state will make decisions based on the best interests of the child.  If two parents cannot reach a settlement outside of court, a judge will make decisions on child support, child custody, and the custodial rights of the parents.  A judge will decide which parent is responsible for the health insurance, education, religious practices, and other decisions.  Additionally, if a child is old enough, a court may require the child to testify in order to hear their wishes for which parent to live with.  

Why do I need to file a financial affidavit or similar form?

This form is used by the court to determine each spouse’s assets, liabilities, and amount of joint and premarital property.  A judge may use this form to establish conditions for child support, spousal support, child custody, and property distribution as well. 

Can I receive spousal support in my state?

All states have different forms and conditions for spousal support.  If you are filing the petition, you may give up your right for spousal support in some states, but some states allow a spouse to file a petition and still receive spousal support.  A judge will determine if spousal support is necessary based on the spouse’s lack of property, income potential, time to seek education or job skills, and custodial rights.  Certain types of spousal support can undergo modification, and there are forms from state to state for this measure.  

Will the IRS separate our tax debts once we become officially divorced?

A great number of people are concerned about this divorce FAQ.  The IRS is not required to automatically separate tax debt, and they may seek payment from either you or your former spouse as parties joint or severally liable.  A court will normally specify which spouse is responsible for a majority of the debt, but not always.

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