Frequently Asked Questions
Simplifying the Process: Answers to Common Divorce Queries
Unlike child support, the courts consider a wide range of factors when determining a “fair” alimony payment in terms of amount and duration. Important here is too early and often stresses to the courts the need for non-working spouses to get educated, get into the workforce, and financially support themselves to their maximum ability. Whether your spouse simply needs to update their resume or needs an entire vocational assessment, the sooner that effort begins, the sooner this goal is accomplished.
Unlike alimony (spousal support), the courts determine child support by and large with a rigid set of guidelines. It is important that your income is accurately presented and that kept at the forefront is the legal requirement that both parents must financially support their children.
Our experience makes us especially adept at dealing with custody and parenting issues in divorce.
Custody is determined in one of three ways:
- The parents decide what is best for their children.
- The family court counselors help parents decide for themselves what is best for their children.
- A judge imposes what’s best for “most” children.
Welcome to the “Hurry Up and Wait” world of divorce litigation.
Our court system is overcrowded, under-budgeted, and as a result, incapable of handling problems as quickly as they should be handled. The simple reason is the large number of litigants and cases the courts deal with in any given month. The unfortunate reality is that, except for true emergency situations, the courts take several weeks and sometimes months to address issues and resolve disputes that people can’t work out on their own.
Absent an early settlement, divorcing parties should expect that their case will take about a year.
Legal services are very expensive: reflected in the issues in any given case and the minimum standard of work required by law in all divorce cases.
A key factor in just how expensive the case will be is the approach and attitude of the opposing side. We can’t make the legal system inexpensive, but through a systematic approach to each case, we keep litigation less expensive by comparison.
The law requires that each party support themselves and support their children to the best of their ability. When one spouse hasn’t worked much during the marriage, the law also requires that the spouse become “self-supporting” within a reasonable time period. Realistically this involves either applying her skills to the full-time workforce or developing further skills to enter the full-time workforce then. We approach this dilemma early in each case so as not to lose valuable time in “encouraging” the transition to full-time gainful employment.