Divorce FAQ
At The Law Office of Romeo R. Perez, our team helps clients understand what's at stake. Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at 702-214-7244 to schedule a Consultation.
What if my spouse does not want a divorce?
You can still file for divorce even if your spouse does not want the divorce. Some states require a period of separation, and that could be metaphorically or physically, and other states do not require it. Regardless of any separation requirement, all states allow no-fault divorces. No fault simply means the marriage has irretrievably broken down or the spouses have irreconcilable differences.
How is child custody or support determined?
Child custody, visitation, and child support are determined case-by-case with each state having their specific, respective guidelines. These matters, however, are always determined by considering the "best interests of the child" standard.
How is alimony determined?
Alimony, also referred to as spousal support or spousal maintenance, is determined on a case-by-case basis with each state having its specific, respective guidelines. Most states consider the present earning ability and future earning opportunities of the spouses. If one spouse was dependent on the other spouse through the marriage, that factor will weigh heavily on any court's decision on alimony.
How are assets and debt divided?
Assets and debt are divided according to your state's approach to the division of property. There are two approaches: community property and equitable distribution. In the first approach, property and debts are divided equally. In the second approach, a 50/50 isn't necessarily––what matters is what's fair.
My spouse is abusive. How do I protect myself during the divorce?
Spouses who have abusive spouses are in the most danger when they seek divorce. You should protect yourself by getting as much help and support as you can. You can file a restraining order. You should also consider state and local programs aimed at helping survivors of domestic abuse.
How do I start my divorce?
If you are thinking of a divorce or have been served divorce papers, contact The Law Office of Romeo R. Perez either by using the online contact form or by calling us at 7022147244. We will schedule a Consultation so that you can get your most immediate questions answered more specifically.