INDUSTRY INSIGHT
FAMILY LAW
SPONSORED CONTENT
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)
SEWICKLEY ❘ SPRING 2018 9