Divorce can be a stressful, depressing time. Even if you get along with your future ex-spouse, the end of any relationship is upsetting. However, getting divorced also means you'll get to start again. Before you can, however, you need to ensure you are well informed about divorce so you don't get blindsided or financially hurt. If you are going through a divorce or are considering divorce, check out these five frequently asked questions.

Is an Attorney Necessary?

If you want a divorce but can't afford an attorney, don't worry; you can still file for divorce without assistance from an attorney. However, it is highly recommended that you get an attorney, especially if your spouse has hired one. Only trained divorce attorneys have the experience to negotiate a fair settlement in assets/debts. If you and your spouse are on good terms and there are little assets or debts, you may simply need an attorney as a mediator to ensure everything goes smoothly. However, you may also need an attorney to help you settle an argument or solve unusual problems. An attorney will also do the talking for you so you can avoid your spouse if so desired.

How Is Everything Divided?

There is no one-fix solution for how everything is divided during a divorce. It depends on whether you have children or not and how many assets you own. Typically, however, property is considered either community property or separate property. Community property is property that clearly belongs to both individuals. This usually includes any money earned, debts earned, and items purchased during the marriage. Separate property only belongs to one spouse or the other. It typically involves money that was only for that specific spouse, such as gifts, inheritances, personal injury settlements, etc. Depending on where you live, the default decision is typically to split community property equally or fairly. In most cases, you get to keep your own separate property.

What About Minor Children?

When children are involved, divorce becomes more complicated, especially if the parents disagree on custody. Typically, if you and your spouse own a house, the children get to stay in the home because they need a safe, stable place to live. Therefore, whichever parent is found to be the primary care giver is usually awarded the home. In most cases, the primary care giver is the parent who spends the most time with the child. Of course, the main goal is to ensure the children are in a safe, stable home. Therefore, if the parent who spends the most time with the children is found to be unsafe, custody may be given to the other parent or to someone else, such as a grandparent.

Can You Get an Annulment?

You may not have to get divorced to end the marriage. You may qualify for an annulment. While a divorce is an official legal dissolution of a marriage, an annulment states the marriage was never legal to start, making it invalid. Typically, if the marriage is illegal, one partner could not legally consent, or one partner was being fraudulent, you can get the marriage annulled. Examples include bigamy, fraud, and mental incapacity.

What if You Never Filed a Marriage License?

Typically, when you get married, you have a ceremony and file a marriage license. However, in many states, such as Colorado and Montana, common law marriage exists. This type of marriage occurs when a couple have been living together for a certain amount of time. They are automatically legally considered married, getting all the benefits of marriage. However, this also means they have to legally dissolve their marriage if they wish to separate finances or get re-married. The only way to dissolve a common law marriage is with a divorce, so even if you never filed a marriage license, you may be legally considered to be married and need a divorce.

Divorce can be difficult for everyone involved, especially if there are children and disagreements. A divorce attorney can be your best ally in getting everything you deserve out of the divorce settlement, so you aren't left struggling. For more information about divorce, contact a law firm like the Stoddard Law Firm.