Divorce and Marriage Law
Child Support

Do you have to agree to a divorce if you know you will not be able to afford child support and alimony?


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2014-02-14 22:13:34
2014-02-14 22:13:34

Whether you agree or not is irrelevant. You cannot force your spouse to stay married to you because you don't want to pay child support. The court will schedule a hearing and will issue support and visitation orders. You should hire a good attorney who can advocate on your behalf. You cannot stop the divorce.


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The fact that you both agree to the divorce will make this divorce a lot easier and possibly a bit faster. You can file an uncontested divorce.

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The quickest way to get a divorce (which must be filed in the state in which you or your ex-spouse is a resident of) is to file all the divorce papers properly, agree on the terms of the divorce settlement, and work with the court. Every state has a waiting period between when a divorce is filed and when it is finalized but often the aspects of a divorce that make take the most time are those things that the spouses cannot agree on (typically this can be alimony, child custody, and child support). If there are no disputes then the divorce will move along quicker.

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That falls under the category of tough luck. If the spouse can not afford to move, the other would have to agree to let them stay. If they do not agree, the other has to go.

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You can appeal but you would have to show the lower court erred in a ruling of law or your spouse committed fraud during the process. Generally once you agree to a divorce those items are etched in stone.

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Divorce has financial implications as well as emotional implications. If both spouses were working before the divorce, each spouse will find himself with only half the income he is used to because the other spouse is no longer contributing to the family unit. In addition, spouses may have large legal bills as a result of the divorce and one spouse may have to pay alimony or child support to the other spouse.Avoiding Legal BillsThe best way to save money during your divorce is to get the divorce over with as quickly as possible. Many states offer "no-contest" divorces. In this type of divorce, you and your spouse agree to the terms of the divorce ahead of time and fill out paperwork to indicate that you both agree to the divorce and list its terms. No-contest divorces are the cheapest way to go because there is no court case; you just have to pay the filing fees for the paperwork. If you and your spouse can't agree on the terms, or if your state doesn't offer no-contest divorce for people in your situation, consider mediation. In mediation, a neutral third party, often assigned by the court, sits down with both you and your spouse. The mediator listens to both sides of the conflict and helps you come to an agreement. This is usually less costly than going through an entire divorce proceeding in the court.Alimony and Child SupportCourts calculate alimony by examining both spouses' income. Usually only the lower-paid spouse is entitled to alimony, as it would defeat the purpose of ordering it for both spouses to pay alimony to each other. Courts may assign alimony on a temporary or permanent basis. Some courts assign alimony for only a limited period of time to allow the lower-paid spouse to adjust his lifestyle to his new income level. Child support is always paid to the spouse who has primary custody of the children or, in joint custody arrangements, spends more nights taking care of the children. Courts use a state-determined formula to determine how much child support to order.What to DoYour best bet is to begin adjusting your lifestyle as soon as you or your spouse files for divorce. Assume you only have your own income rather than depending on your spouse for additional income, as you will be living on this reduced income after divorce. Save as much as you can to help you adjust to your post-divorce finances and to pay any legal bills or obligations that result from the divorce.

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