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Common Questions about Divorce

Common Questions about Divorce

Common Questions about Divorce

Divorce can be a scary thing to think about. Whether you are going through one, or are considering getting a divorce, there’s probably a lot of questions you have. The best thing you can do is contact an attorney at Mestayer Law Firm to get the best clarity possible. Splitting up is difficult. Some partners may not be completely on board with the idea. It’s impossible to predict how the divorce process will go. But if you’re wanting the divorce to be amicable it’s important to deal with your emotions and gain an understanding regarding the divorce process. Here are a few common questions about divorce.


What are the Processes of Divorce?

  • Negotiation

    How you want to get divorced is probably the first question you’ll find yourself asking. The cheapest route is through negotiation. This is where you negotiate a settlement directly with your spouse. Once the two of you have determined the settlement, you can work with an attorney to draw up your divorce documents. Some people try to write the documents themselves, but this usually is a bad idea because of the legalities.

  • Mediation

    Unfortunately, not everyone is up for negotiating, which leads to mediation. During mediation, a neutral mediator will be present in order to help you reach an agreement. Your lawyer will then incorporate the agreement into your documents and the judge will finalize the divorce.

  • Arbitration

    An arbitrator is like a private judge who will decide your case. They must be hired and paid for by you and your spouse. Once the arbitrator has decided your case, your lawyer will have to take the decision to court and the judge will finalize the divorce.

  • Litigation

    Litigation is the final process in a divorce. It’s also known as “fighting it out in court.” Each spouse has the option to have a lawyer and the case will go to court. The case will either be tried or settled.

Do I Need a Divorce Lawyer?

If you’re asking yourself this question then the answer is more than likely yes. While you can get divorced without a lawyer, you will need legal advice during this process. At the least, you can consult with an attorney and have them advise you about your case. In addition, it’s important to have all legal documents drafted by a professional.


Where Do You Get a Divorce?

You will need to file for the divorce in the state you live in. Every state has its own set of divorce residency requirements that govern where you’ll need to file for divorce.


Do We Have to be Separated Before Filing for Divorce?

This is dependent on your state’s laws. In some states, you must be separated for a certain amount of time before filing for divorce. In others, you can get divorced based on irreconcilable differences at any given time. If you think you may have a change in heart, then you should consider being separated for an extended amount of time before filing for a divorce.


Mestayer & Associates provides civil litigation for clients throughout the Gulf Coast area including Pascagoula, Biloxi, and Gulfport. If you are making future plans for your estate, then contact us today and let us help take care of every detail of your finances. Call us today at 228-762-1193 or visit www.pascagoulalaw.com. We are your legal experts! You can also visit our office located at 2128 Ingalls Ave. in Pascagoula, Mississippi. We look forward to talking with you!

No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers.

This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors or mistakes.