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Answers to Top 5 Divorce Questions Searched on the Internet
1 . HOW DO YOU FILE FOR DIVORCE ?
Technically , the action begins with the preparation of a divorce complaint that gets filed with the appropriate state court . However , a person should not impulsively file such a document without first discussing the appropriate strategy with an experienced lawyer who will analyze your personal needs and decide if , how and when you would file a divorce complaint . There are many legal subtleties whereby substantial rights may be inadvertently forfeited if the complaint is not prepared correctly and filed at the appropriate time . Once a clear strategy is determined , appropriate action can be taken to “ start ” a divorce .
2 . HOW MUCH IS THIS GOING TO COST ME ?
There is no way to accurately project the cost of a divorce . You can help manage legal fees by being efficient . Make good use of time when communicating with counsel . Make good choices , with advice of counsel , about what issues you pursue . Unfortunately , the cost of a divorce is greatly affected by how reasonable your spouse is during the process . Also , hiring a lawyer inexperienced in family law , or one who is unnecessarily litigious , will inevitably drive up the cost of any divorce .
3 . HOW LONG WILL IT TAKE FOR ME TO GET A DIVORCE ?
If you and your spouse agree to divorce and have worked out the division of your assets and debts , you can get a divorce 90 days after service of a divorce complaint . Often , one spouse wants a divorce but the other contests it for emotional or financial reasons . The contesting spouse can delay the process for one year from the parties ’ date of separation . Thereafter , it may take another year or more to get through the court system . However , with good representation by an experienced lawyer , a resolution of all issues can be reached and your case settled before a costly trial .
4 . WHAT WILL HAPPEN WITH CUSTODY ?
You should consult a lawyer before leaving the marital home with or without your children . If the details of a custody arrangement can be worked out between the parties , then such can be memorialized in a custody agreement . If not , the parties will proceed through a preliminary court process where a custody officer will help negotiate a resolution of the disputed details of custody . If the details are unresolvable , then the case can proceed to psychological evaluations . Otherwise , the case will move on to a judge and ultimately a trial .
5 . HOW IS SUPPORT DETERMINED ?
The primary consideration for a support analysis is the net income of each party . Sometimes , determining net income is relatively straightforward , but such can be more difficult in the case of a business owner , self-employed individual , or professional . When there is an unemployed or under-employed individual , defining that person ’ s earning capacity becomes an issue . Once incomes are defined , these figures are utilized in specific formulas to calculate spousal and child support obligations .
Your Team : ( Front ) Shannon Sacca , Esq ., Reid Roberts , Esq . ( Chair ), Chrystal Tinstman , Esq ., Max Levine , Esq . ( Back ) Stephanie Kundly , Angela Waxler , Theresa Greco , Tealizalynn Doyle , Rachel Marcyjanik , Stevie McCorkle , Jwan Allen ( not pictured )
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