Frequently Asked Questions
Will it take long to get a divorce?
Each divorce is different. Many issues contribute to the length of the divorce process. An uncontested divorce should be quite speedy, as long as emotions remain at bay. When emotions run rampant and disputes abound, many months can go by before they are resolved. When the issues finally are resolved, you may have to wait for a judge to approve an agreement.
Is a trial going to be necessary?
A great percentage of divorces are settled without going to court. Negotiation is always a better option than trial – it is more likely to meet the parties’ goals and is more cost-effective than trial. By limiting the highly contentious issues in a divorce, we can reduce the need for litigation.
Can I choose mediation?
Mediation, also known as alternative dispute resolution (ADR), is a way of resolving conflicts without litigation. Mediation in a divorce is an efficient, less-expensive means of reaching agreement. A certified mediator meets with both parties and their attorneys to help them hammer out the details of their divorce. A mediator does not force either party to agree. Mediation may be ordered by a judge before litigation is allowed to proceed. Often, a judge requires an attempt at mediation before litigation is permitted to proceed. If agreement is not achieved through mediation, one still may be reached prior to a hearing.
How are assets and liabilities divided?
Community assets are characterized and divided according to state law. However, in certain situations, exceptions to the rules apply and may provide one party more than 50 percent of a particular asset.
How is child support calculated?
A state formula uses the relative net incomes of the parents and the amount of visitation to determine how much child support is due. The formula allows for some variation depending on the child’s age and the parents’ financial situation, as well as whether there are extraordinary expenses for medical care and education.
Once agreed upon, can child support be changed?
Yes. Child support may be increased or decreased when unexpected and involuntary changes occur in a parent’s financial picture.
What if custody is disputed?
When parents cannot decide who should be the primary residential parent, a judge must make the decision for them. No matter which parent has primary custody, an agreement can give both parents continuing contact with a child and the right to share in the decisions and responsibility of raising the child, as long as it remains in the child’s best interest.
What is joint custody?
In joint custody, children live an equal amount of time with each parent. Joint, or rotating, custody is not always the best for children but can be awarded in cases in which a child is older, is rather mature or in instances in which the parents live near each other and the rotation won’t impact the child’s education. In some cases, a child has a say in whether joint custody is awarded.
What is shared parental responsibility?
Shared parental responsibility is court-ordered and affords both parents full parental rights and responsibilities regarding their children. Shared parental responsibility requires the parents to discuss with one another major decisions impacting their child’s well-being. Most of the time, shared parental responsibility is ordered, as long as it is not harmful to the child’s interests. When that is the case, one parent would be granted sole parental responsibility, which gives that parent the exclusive right to make decisions regarding a child’s welfare.
Can a child’s primary residency be changed?
In cases in which a family’s circumstances have substantially changed, and the child would be better served by living with the other parent, a change in primary residency is possible.
If I have primary residential custody, can I move with my child?
When a move will materially affect the visitation and contact rights of the secondary residential parent, only a court can give you the right to move with your child. A judge will seriously consider how the move will impact the child’s quality of life.
Am I entitled to, or do I owe alimony?
A judge may order temporary or permanent monthly spousal support or a lump sum be paid to either spouse. In ordering alimony, a judge considers several factors, including the marital standard of living, the length of the marriage, the age of the parties, their economic situation, each party’s contribution to the marriage, and whether one spouse requires further education or training.
Where do I begin?
Our skilled attorneys are happy to answer your questions and begin divorce proceedings. Please phone or email to speak with a dedicated family law attorney.
