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Most Common Questions About Divorce

Going through a divorce is always going to be difficult, even when it's what you want to do. It's also a confusing process to understand for those who are going through it for the first time. There's a lot at stake, and there are a lot of unknowns. The good news is that most people share the same questions and concerns. Therefore by looking at some of the most common questions about divorce that other people inquire about, you can start to answer some of the questions you likely have too.

In looking at the most common divorce questions, they can really be divided into just a few categories: children, money, and rights. This is what it boils down to for the majority of people, and while there are more specific issues at play, those are some of the big topics. The first question involves the children, and likelihood of whether you will get custody.

There's of course a huge number of variables in play here that will vary greatly in one case to the next, though the overarching factor is the best interests of the children.

Another of the most common divorce questions involves both kids and money, of course, and it's about child support. How much will you be required to pay, or conversely, how much will you receive? Key to this is whether there is primary or shared custody, and from there, is determined by income and certain expenses, such as health insurance and work related day care costs.

Sticking with money, the matter of alimony, and how much you will receive or be required to pay is also a question at the forefront of any divorce. There are over a dozen factors which may be taken into account to determine this, considering the ability of the party seeking alimony to wholly or partially self support, the standard of living shared by the couple, duration of the marriage, financial needs, and much more.

Two more of the most common divorce questions also involve money, though in the form of assets and asset division. People generally want to know both, how do I protect my assets, as well as, how do I find out what assets my partner has? The division of marital property is one of the most important matters of a case and can be handled in numerous ways.

Understanding your rights is the next big unknown. What are you entitled to? There's no simple or straightforward answer to this as it correlates to all the other issues you're encountering and questions you have, including child custody and support, alimony and assets, and so forth. This is highly variable and dependent on the specifics of your case.

With these common questions about divorce out of the way, you're on the path to understanding the matter a little bit better. Of course, the attorney you're working with will be able to answer these questions and others in full, and will advise you on the best way to move forward. Be sure to consult with a professional in your local area who's experienced and familiar with whichever particular issues may arise in your case.

Mr. Bernstein is a 7-time Super Lawyers Rising Stars award winner in Maryland, and runs the Law Offices of Brandon Bernstein, LLC, available online at He strives to help his clients understand the most common and biggest divorce questions and his firm is ready to help you as your new family law attorney in Maryland.

This article does not represent legal advice or an attorney-client relationship. Always consult with an attorney before making any legal or financial decisions.

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