FAQs

Robert L. McIntyre, Esq., LLC

Have a divorce-related question? We have the answer. Check out these FAQs and give us a call today for more information!

  • What is divorce?

    Divorce is the legal process of dissolving a marriage, which officially ends the legal union of spouses and allows each individual to remarry if they choose. 

  • What are the grounds for divorce?

    The grounds for divorce vary by jurisdiction, but common causes include:

    • Irreconcilable differences
    • Abandonment
    • Infidelity
    • Abuse

    Some states have no-fault divorce, which means there does not have to be a specific reason or proven fault.

  • How long does the divorce process take?

    The duration varies based on state laws, whether the divorce is contested or uncontested, and how complex the case is. 


    A divorce can range from a few months to multiple years.

  • How are assets divided in a divorce?

    Division of assets depends on whether the state follows community property or equitable distribution laws. 


    Community property allows all marital assets to be split 50/50, while equitable distribution ensures assets are allocated fairly but necessarily equally. 

  • What happens to child custody in a divorce?

    Child custody is decided based on the best interests of the child(ren). Determining factors may include physical custody (where the child lives), legal custody (who makes decisions for the child), and can also involve shared or sole custody arrangements.

  • How is child support determined?

    Child support is calculated differently by state. Calculations typically take into consideration a number of factors, such as:

    • Each parent's income
    • The child's needs
    • The amount of time spent with each parent

    The court may have an established formula to determine support.

  • What is spousal support (alimony)?

    Spousal support, also known as alimony, is financial assistance provided by one spouse to another following a divorce. 


    The amount and whether alimony is awarded depends on several factors, including:

    • Length of the marriage
    • Income disparity
    • Recipient’s need for support
  • How can I prepare for a divorce?

    When preparing for a divorce, gather any relevant financial documents, assess your assets and debts, consider custodial arrangements, and seek legal advice. You may also want to establish a support system for emotional guidance.

  • What is an uncontested divorce?

    An uncontested divorce is when both spouses agree on all major issues including asset division, child custody, and child/spousal support. This type of divorce is typically quicker, simpler, and more affordable than a contested divorce since there are no disputes to resolve.

  • What factors contribute to a complicated divorce?

    Divorce can be complicated due to many different factors such as:

    • Disagreements over the division of assets
    • Complex financial situations such as business ownership or significant investments
    • Disputes over child custody and support
    • Allegations of infidelity or abuse

    Complications can also arise when one spouse is uncooperative or if there are jurisdictional issues, such as one spouse living in a different state or country.

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