The process of going through a divorce can be a confusing and stressful experience for anyone. However, being informed about what to expect from these proceedings may help to alleviate some of this stress. To this end, learning the answers to the following few questions may help to give you a better sense of clarity about this confusing and stressful topic.
What If Your Spouse Refuses to Agree to a Divorce?
There can be many instances where one of the spouses will refuse to agree to the divorce. While it can be easy to assume that this will prevent you from getting divorced, it is important to note that one spouse can not prevent the divorce from proceeding. If a spouse refuses to sign the divorce documents, it is possible to petition a judge to compel the other party to cooperate with the proceedings. Failure to comply with this order can result in a default judgement.
What Happens If You and Your Spouse Owned a Business?
The division of the assets from a marriage can be one of the most contentious issues that will arise during the divorce. This can be especially true when the divorce involves a lucrative business. Typically, the assets from a marriage will be divided as evenly as possible. To help ensure the spouses have a say in this division, the couple will often be referred to mediation. This is essentially supervised negotiations. If you are wanting to retain control of the enterprise, you may be able to trade your claim to other assets during these negotiations. For example, you may be able to cede control of other assets, such as houses or cars, in exchange for the enterprise. If your spouse refuses to cede control of the enterprise to you, it may be possible to enter into joint ownership or have the assets liquidated and evenly distributed.
How Will Custody of the Children Be Determined?
The custody of children can be another highly emotional and contentious aspect of a divorce. While it is common for individuals to be fearful of losing custody of their children, it is important to note that many judges will attempt to issue joint custody to the parents. This will require the parents to jointly agree on the children's education and medical issues as well as ensuring visitation rights. When determining the primary residence of the children, the court will consider many factors, such as incomes, work schedules, and emotional bonds to the children.
For more information, consult a professional such as Lisa J Kleinberg.