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DIVORCE & FAMILY LAW FAQ
The law firm of Leskovich Law Group, P.A. has more than two decades of experience and could provide you with attentive and compassionate legal service. We understand the suffering and distress that you may be experiencing at this time, and we could skillfully guide you every step of the way. Your online evaluation is free of charge, so contact a Punta Gorda divorce lawyer from our firm today to discuss your legal options.
- What is “no-fault divorce?”In the United States, a state can either be a “no-fault divorce” state or a “fault divorce” state. “Fault divorce” laws only allow an individual or couple to dissolve a marriage if certain grounds are met, such as adultery, domestic abuse, or insanity. As for “no-fault” states, these grounds can also apply, but they are not necessary. An individual or couple can obtain a divorce solely due to the fact that their marriage is “irretrievably broken.”
- When should I file for divorce?You should not hesitate to file for divorce if you are certain that your marriage is beyond saving, or if you are in danger of physical harm at the hands of your spouse. The sooner you file for divorce, the sooner you can obtain freedom from your broken relationship and start over fresh and new. Contact a Punta Gorda divorce lawyer at your earliest convenience to discuss your situation in detail and learn more about your different divorce options.
- Am I eligible for spousal support?If you depended mostly or entirely on your spouse for financial support while married, you may very well be able to obtain a court order for spousal support. This order requires your ex-spouse to make monthly payments for a temporary period while you seek employment or further education to assist you in obtaining an adequate income to support yourself. Once your support term is complete or you are able to support yourself, the payments will no longer be required.
- What is the difference between contested divorce and uncontested divorce?Contested divorce occurs when the two spouses are not able to agree upon one or more areas of their divorce agreement and must take the case before a judge and jury. This divorce litigation can become heated, which is where divorce gets its stereotype for being an aggressive and hurtful process. It does not always need to be this way, however, especially regarding uncontested cases. Spouses have the option of seeking dissolution of their marriage by negotiating with each other about the terms of their divorce without going to court. Mediation is one option, where the process is overseen and guided by a neutral third party, and collaborative divorce is another option allowing the two parties to do the same, but with personal counsel from their own family law attorneys.
- Are mediation and collaborative law the same thing?No, mediation and collaborative divorce are not quite the same. Although they are both forms of uncontested divorce, mediation involves an attorney who is a neutral third party overseeing the process and guiding both parties in coming to an agreement. Each party may also have their own divorce attorney for counsel only, but no representation is permitted. Collaborative divorce does not involve a third party lawyer. Instead, the two parties work directly together with the advice and guidance of their lawyers and draft their divorce agreement on their own.
- Do I need a divorce lawyer?Regardless of how much you and your spouse are in agreement, you should not hesitate to retain excellent legal counsel and representation. Without an attorney, it is highly likely that you will not receive a fair settlement regarding equitable distribution, child support, or alimony. Contact Leskovich Law Group, P.A. immediately if you are pursuing a divorce.