Archives: FAQs
The minimum waiting period for a divorce without minor children is 60 days and for a divorce with minor children, the waiting period is six months. Many divorce proceedings take longer than these minimum waiting periods; especially, when the parties have disputes to be resolved.
No. Attorneys must abide by an ethical standard. These rules provide that the attorney cannot represent opposing parties. If you and your spouse agree on everything, one of can hire an attorney to draft the divorce judgment and both of you can sign it. In most cases, we suggest that both of you have an attorney review […]
Legal custody refers to the ability to make decisions on behalf of your child whereas physical custody refers to where the child lives. Most parents share joint legal custody; not all parents share joint physical custody.
It depends. If you were never married and you never signed and filed an Affidavit of Parentage, the mother is deemed to be the custodial parent. For all other fathers, who were either married or filed an Affidavit of Parentage, when a petition is filed with the court, the judge will review twelve best interest factors […]
The Friend of the Court is an agency that assists the court with investigations regarding child custody, parenting time and child support. The Friend of the Court also helps parents with disputes regarding these issues and enforcement of custody, parenting time and child support orders.
You probably should. If you think there is a good reason not to provide your tax returns and proof of income, you should discuss your reasoning with an attorney before you fail to provide the requested information. If the Friend of the Court does not receive your income information, they may calculate child support based on the […]
It depends. Although assets obtained or earned prior to the marriage and that are kept separate are considered separate assets not to be divided, the judge may award a portion of those assets to a spouse if the judge finds that the asset was co-mingled or if the spouse has a need for those assets.
Educate yourself. If alienation is present, your approach should be very different than ‘normal’ co-parenting situations. Besides reading materials by qualified psychologists, you will benefit from a consultation with a family law attorney specializing in parental alienation cases. Before retaining an attorney, ask him or her how many trials they have conducted changing custody regarding an […]
In some cases, divorcing spouses may simply not be able to reach a conclusion on some or all of the related issues. Such cases are handled through the court system, similar to other litigation. It is important for a person who is getting divorced to enter that process with a strategy. That includes determining what’s […]
Getting a divorce can be a contentious, complicated process. Fortunately, an uncontested divorce is a streamlined option that allows some spouses to go their separate ways without some of the conflict that can come with a drawn out legal battle. To be eligible for an uncontested divorce, spouses must be willing to work together to resolve […]