FREQUENTLY ASKED QUESTIONS
How long will this take?
The answer to most questions about divorce start with “It depends . . .” There are so many factors in play (legal, emotional, financial) that a firm answer is not possible. The case will last as long as it takes for you and your spouse to reach an agreement. You have ample time to accomplish this. However, at some point the court will force you to a trial if you have not settled.
How much will this cost?
“It depends . . .” Lawyers bill by the hour; therefore, the more hours required, the higher the fee. This will largely depend on the length of time it takes to reach a resolution, and how litigious are you or your spouse.
For example: Assume that I make a request for financial documents from your spouse. If they produce those in a timely manner, not much time is involved. But if they don’t do so, I am required to have a conference with counsel. If I still don’t receive the documents, I have to file a motion with the court. If the court orders that the documents be produced, but they still don’t comply, we have to go back to court with another motion.
Thus, a simple process has turned into a conference, two motions, and several court appearances. That is part of why the answer is “It depends.” There are a number of ways that you can reduce your attorney fees, which we can discuss when we meet.
How do I select an attorney?
Personal referral remains the best way to select an attorney. That can come from your business lawyer, friend, therapist, accountant, etc. The important thing is that the referral come from someone who is informed and has your best interests at heart. Retain an attorney with as much expertise in the field as your matter requires.
Meet with more than one attorney if you like. Remember how much is at stake. Quality legal representation is not cheap. On the other hand, expensive legal advice is not always of the highest quality. After you meet with an attorney, trust yourself. You need to be confident that the attorney you hire is capable, and the right fit for you.
Do not be fooled by identity marketing. Men’s rights are the same as women’s rights in a divorce case. Partners in same-sex or LGBTQ marriages have the same rights in a divorce as straight married people. Your divorce is personal; it is not fodder for a cause. Retain the attorney you trust to protect you, and not necessarily the one who advertises that he or she “gets you.”
Who gets custody of the children?
Please review the Child Related Matters page under the Services menu.
How do we handle holidays?
How to celebrate holidays (religious and secular) after divorce can be a difficult issue for some people. Traditions which had been built up as a family are no longer feasible, because all of those traditions involved the entire intact family.
For example, “We have always gone to my sister’s for Thanksgiving” is no longer a valid proposition because that was when both parents went to your sister’s.
Generally, holidays are alternated annually. Thus, Dad may get Thanksgiving in even numbered years, and Mom in odd numbered years. However, you can elect any arrangement which best suits your family’s needs.
The key thing is to remember that holidays are supposed to be joyous for you and your children, so reach an accord. Nothing says Merry Christmas like a December 23d court hearing.
Will I pay or recieve alimony?
Please review the Maintenance section on the Divorce page.
How much will I receive in the divorce?
Please review the Property section on the Divorce page.
Please feel free to reach out. I look forward to discussing the particulars of your individual case with you.
You will undoubtedly have many more questions than can be answered here. The below answers to common questions provide only a thumbnail sketch of what is involved. I hope this information is helpful. However, answers to questions about your particular situation will require a consultation.