3 Things You Need to Know about Getting Divorced

It is estimated that the average divorce rate for first time marriages is 45–50%. The more times a person has been married, the likelier it is that they will divorce. Sometimes, despite the best efforts of both people involved, a marriage just doesn't work out. Even though divorce is fairly common, there are still many things that not everyone knows about it. Here are three things you need to know about getting divorced.

1. You may need to request that restoration of your maiden name be included in the divorce decree.

If you changed your last name to that of your husband's after you got married, you may want to change it back to your maiden name after the divorce is final. In many cases, you will need to make this request in the court documents so a judge will include it in the divorce decree. 

However, in some states it is much easier to go back to your maiden name even if it isn't included in the divorce decree. As long as you still have official documentation with your maiden name on it, such as a birth certificate, you may be able to have your maiden name restored fairly easily. But just in case, you should probably have it included in your divorce decree so you can avoid any potential problems having your maiden name restored.

2. Each attorney you seek consultation with for your divorce cannot represent your spouse.

Regardless of whether you hire the attorney or not, any attorney you seek a consultation with for your divorce can't represent your spouse. It would create a conflict of interest for the attorney to represent your spouse after you have already discussed your case with him or her. 

While it may be tempting to discuss your case with all of the good divorce attorneys in town so your spouse can't hire them, it would be better to go ahead and find the best one that you can afford and hire them. The time that you waste going around getting frivolous attorney consultations just to prevent your spouse from hiring them could be much better spent on working with your own attorney to get the things you want out of the divorce.

3. You don't have to show up in court for your divorce to be finalized.

If you have an uncontested divorce and you and your spouse have no children or assets (or you created your own divorce agreement regarding custody and assets), you really don't even have to show up in court for the divorce to be finalized. 

Should you plan to not attend the court hearing for your divorce, you need to be aware that your spouse will have the upper hand for getting the things they want. Even if you signed a divorce or custody agreement, that doesn't mean your spouse's attorney submitted it to the judge.

So if you already know you aren't going to show up to your divorce hearing, you need to make sure it is your attorney who files the divorce or custody agreement that you and your spouse signed. At least that way you can rest a little easier knowing the things you agreed to will be included in the final divorce decree. Consider working with a professional attorney from Nichols, Speidel, & Nichols for your divorce process.