Important Answers about Divorce

by Kristyne McDaniel

Though many people hate to admit it, divorce may be the only viable option for a healthy lifestyle. When considering a divorce, there are many other factors that play a role in this life-changing decision. It is best to take some time to research what is involved with a divorce and the effect it can have on your life. We hope to address some of the concerns that you may have about divorce and its detrimental effects.

My spouse has filed for divorce. Can I oppose it?

You can oppose the idea of it, but you cannot stop the proceedings from continuing. Once a spouse has filed for divorce, the other spouse is forced to comply with the filing. The best recourse when your spouse files for divorce is to get a divorce lawyer so you can be sure that your rights are protected immediately. In the United States and Canada, a divorce will be granted even if one spouse files and the other refuses to participate or even acknowledge the proceedings. In most states, there is the "no fault" rule which means that divorce can be for any reason, too. In this situation, your spouse can simply state "irreconcilable differences" and the divorce proceedings can get underway.

How do I file for divorce?

You can file for divorce without alerting your spouse by going to the courthouse and filling out the correct paperwork. If you want to be sure that you do everything correctly, the best thing to do is to hire a lawyer to file the papers for you. If you are worried about your spouse's reaction, you can take care of the entire procedure and they will not even know about it until they are served papers. If they have a temper, this might be your best option so you can be away from the house at that time they are served so there will not be any immediate confrontations.

How does divorce differ from annulment?

Although they must both undergo court proceedings in order to be approved, a divorce and an annulment are very different ideas. A divorce occurs when both parties involved acknowledge that the marriage took place and that it just didn't work out for whatever reason. A divorce simply ends a marriage with a disbursement of the assets accumulated during the marriage. With an annulment, however, both parties involved agree that the marriage never occurred or, at the very least, not legally binding. This usually happens with shorter marriages. An annulment might follow a marriage in which both parties were intoxicated during the ceremony or some other reason. 

My divorce is just a few weeks from being finalized. Is it legal for my spouse to remarry before the it's officially final?

Technically, yes. It is illegal to be married to more than one person at the same time. Until your divorce is absolutely final, marrying another person would be breaking the bigamy laws of many states. However, this is merely a technicality. Most courts will not look at your second marriage as an outright disregard for their laws. If your spouse is getting married before your divorce is final, you can pursue legal action against them for breaking the bigamy laws, but chances are it will be a futile effort as these cases are rarely pursued by lawyers or the court system.

My spouse is serving in the Armed Forces. Can I still file for divorce?

It does not matter where your spouse is physically, you can file for a divorce. Whether they are in Iraq, prison, or anywhere else, you can file for legal divorce with the help of an attorney. Certain situations will make some divorce filings are tricky, so it is best to consult with a trusted divorce attorney to make sure everything is done correctly. Some states have specific laws regarding this type of divorce, but a lawyer in your state will be able to answer all of your specific questions about it. Similarly, your spouse can file for divorce against you no matter where you are.