If you are going through a separation or Divorce, you probably have a lot of questions about what to do. Here are some of the most common questions that people ask, along with some helpful answers.
1. What does “legally separated” mean?
For family law purposes, being separated means that there is no reasonable chance of the two of you getting back together. You don’t have to be living in separate homes to be separated. You just have to be clear that the relationship has come to end.
2. Should I leave the family home?
If you own the home, leaving it does not mean that you give up all rights that you have to the home. However, if you leave the home, it might be difficult to return. If you have children, you should have a schedule in place detailing when you will spend time with them before you move out. This doesn’t mean that you can’t leave the home for a little while to avoid an argument or to clear your head. Whether you should leave the home, and when, depends of the details of your case.
3. Who has the right to live with the children?
The answer that both of you do, and neither of you do. The right to spend time with children is their right, not yours. Who spends time with the children and when is based on what is best for the children, not what is best for you. It is important that you work out a proper schedule as soon as possible to help your children adjust to separation. It is also important that the schedule that you work out is a good one because if it is not, it may be very difficult to change it later.
4. How will you be able to support yourself financially after separation?
You may have to pay child or spousal support to your ex, or you might be entitled to receive it. This depends on a number of factors, such as whether the children live with you, you and your ex’s annual incomes, and how long the two of you lived together. Meeting with an experienced family law lawyer is the best way to resolve these issues.
5. How long will it take to get everything resolved?
There is no simple answer to this question. Some matters are resolved in a few months, while others take years. How long it takes will largely depend on you and your ex. If you are both reasonable and try your best to work towards a resolution, then your matter will likely be resolved quickly. However, if you or your ex refuse to compromise and cooperate, it could take years before everything is resolved.