Frequently Asked Questions
Can we get legally separated?
A divorce is a complete dissolution of marriage; a legal separation is an action that married couples may elect in the event that they do not wish to live together, but are not sure that they wish to be divorced. Legal separation offers protection to an individual in the event that their spouse incurs debt and offers additional protection concerning custody, child support and tax liability.
How long does the divorce process take?
If uncontested, a divorce can be finalized in as little as a few weeks. If the divorce is contested, however, it could take 4-6 months at the very least, and can last up to a year or longer.
What is an uncontested divorce?
An uncontested divorce is a divorce in which both parties have agreed on everything, including custody, child support, debt and asset division, etc. If both parties have not reached a mutual agreement, the divorce is considered contested.
How does the court determine child support?
Child support guidelines vary from State to State. Most States generate a calculation by using the income of each party (either Gross or Net), the amount of child daycare paid by each party, and the amount of Medical/Dental Insurance paid by each party to determine a figure. Please speak to an attorney to find out what your State Child Support Guidelines are.
Can a prenuptial agreement affect whether or not I can get custody of my children?
Although a prenuptial agreement may include provisions for child custody and support, the decision is still up to the court. The court may change the provisions regarding these issues as they see fit.
What does a divorce cost?
Costs and fees for a divorce can vary greatly. The cost of a divorce usually varies from lawyer to lawyer. Simple divorces that do not take a large amount of time or involves the separation of assets may not be as expensive compared to drawn out divorces involving legal hassles.
What can a Divorce Lawyer do for me?
Even simple divorces require many documents, and may require at least one appearance before the judge. The lawyer is responsible to help you through that process. It is the lawyer's role to give you up-to-date information on laws involving children, support, and property division. The lawyer acts as your advocate and assists you in negotiating an agreement that is in your best interest and will minimize future problems. If a divorce agreement cannot be reached with your spouse, the lawyer will represent you at court appearances.