Frequently Asked Questions
Does it take long to get a divorce?
Each divorce is unique. Many factors contribute to the length of the process. An uncontested divorce is often quite quick, as long as emotions remain at bay. When emotions run high and disputes arise over every issue, many months can go by before they are resolved. Additionally, the court’s availability will impact when a case is heard.
Is trial inevitable?
No. Many divorces are settled without going to court. As you can imagine, it is best to negotiate a fair and reasonable settlement. A negotiated settlement is more likely to meet the parties’ goals than a court order. Additionally, out-of-court agreements are more cost-effective. By limiting the highly contentious issues in a divorce, we can reduce the need for litigation.
What is mediation?
Mediation, quite often referred to as alternative dispute resolution (ADR), permits resolution of legal conflicts without litigation. Mediation in a divorce is a cost-effective, efficient way to achieve agreement. A trained mediator meets with the parties and their attorneys to help them work out the details of their divorce. A mediator tries to work out an agreement, without forcing either party to agree. Often, a judge requires an attempt at mediation before litigation is permitted to proceed. Even when a final agreement is not achieved through mediation, an agreement still may be reached prior to an expensive court hearing.
How are property and other assets, as well as debts, shared in a divorce?
Community assets are characterized and divided according to state law. However, when certain factors are present, exceptions to the rules apply and may offer one party more than an equal share of a particular asset.
What if we are fighting over custody?
If parents cannot determine who should be the primary residential parent, a judge will have to make the decision. No matter which parent has primary custody, both parents can have continuing contact with a child. They also will share the rights and responsibilities of raising a child, so long as it remains in the best interests of the child.
What about joint custody?
In joint custody, a child lives an equal amount of time with each parent. This is not always best for the child, but joint or rotating custody can be awarded in cases in which the child is older, has a higher maturity level, or in instances where the parents live near each other and the rotation won’t impact the child’s education. Sometimes, a child has a say in whether joint custody is awarded.
What is shared parental responsibility?
Shared parental responsibility is only ordered by a judge and provides that both parents have full parental rights and responsibilities regarding their child. They are required to discuss with one another major decisions affecting their child’s well-being. In nearly all cases, shared parental responsibility is ordered, as long as it would not be detrimental to the child’s interests. In that case, one parent would be granted sole parental responsibility, which gives that parent the exclusive right to make decisions regarding the child.
Can a child’s primary residency be changed?
Yes, but only when circumstances have substantially changed, and the child would be better served by living with the other parent.
If I have primary residential custody, can I move with my child?
If the move will materially affect the visitation and contact rights of the secondary residential parent, only a judge can permit you to move. Another factor the judge will consider is the impact the child’s quality of life.
How is child support calculated?
A state-mandated formula uses the relative net incomes of the parents and the amount of visitation to determine how much child support is due. The formula can be departed from depending on the child’s age and the parents’ financial picture, as well as whether there are extraordinary expenses for medical care and education.
Once agreed upon, can child support be modified?
Yes. Child support can be increased or decreased when unanticipated and involuntary changes occur in a parent’s financial picture.
Who is entitled to alimony?
A court may grant monthly spousal support to either spouse as a temporary or permanent measure. Alimony also may be paid in a lump sum. In assessing a sum, a judge will consider 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 education or training.
How do I begin?
The Divorce Law Firm can answer your questions and put your divorce in process. Contact us via phone or email to speak with a committed family law attorney.
