Question 1

Can my child choose which parent they want to live with?

Accepted Answer

The decision on child custody is ultimately made by the court based on the best interests of the child, not solely the child's preference. The court will consider factors such as the child's age, relationship with each parent, and stability of the living environment.

Question 2

How long does a divorce take?

Accepted Answer

The length of a divorce can vary significantly depending on the complexity of the case. Uncontested divorces where both parties agree on all terms can typically be completed in a few months, while contested divorces with disputes over issues like child custody or asset division may take up to a year or more.

Question 3

What is the difference between contested and uncontested divorce?

Accepted Answer

In an uncontested divorce, both spouses agree on all the terms, such as property division, child custody, and spousal support. A contested divorce occurs when the spouses disagree on one or more of these issues, which requires the court to make a final determination.

Question 4

How is child custody determined?

Accepted Answer

Child custody decisions are based on the best interests of the child, taking into account factors like the child's relationship with each parent, the parents' ability to provide a stable home environment, and the child's needs and preferences (if the child is old enough). The court will typically aim for a custody arrangement that allows both parents to maintain an active role in the child's life.

Question 5

What happens if my spouse doesn't agree to the divorce?

Accepted Answer

Even if one spouse does not want to get divorced, the court can still grant a divorce if the legal grounds for divorce have been met, such as the couple has been separated for the required period of time. The court will then make decisions on the terms of the divorce, such as asset division and child custody, based on the evidence and the best interests of the family.

Capital Family & Divorce Law Group

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Frequently Asked Questions about Capital Family & Divorce Law Group

Can my child choose which parent they want to live with?

How long does a divorce take?

What is the difference between contested and uncontested divorce?

How is child custody determined?

What happens if my spouse doesn't agree to the divorce?

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