Family & Divorce FAQ |
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 | Do I need a lawyer to represent me or can I handle it alone? |
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| Would it be wise to hide any property or assets? |
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| Should I communicate directly with my ex-spouse during this process? |
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| What can I do to help expedite or promote a smoother divorce process? |
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| Are my children affected by this divorce? |
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| Can I move on with my life and or relocate? |
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| What happens to property that each person owned prior to the marriage? |
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| What kind of assets can be divided during a divorce? |
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| How does a court decide the custody of a child? |
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| How is the amount of child support determined? |
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| What is used to determine alimony or spousal support? |
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 | Do I need a lawyer to represent me or can I handle it alone? |
| | Never go about divorce alone, because it is a complicated and highly sensitive dilemma which entails many legal entities. Attorneys have the experience and the knowledge to guide you through these trying times, and ensure that your best interests are well protected. Your lawyers are there to guide you through every step of the way. If you have any questions and or concerns you should consult your attorney. Your honesty and confidence in your attorney will help to improve the outcome of your judgment. |
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| Would it be wise to hide any property or assets? |
| | Some people think that hiding assets or properties is a smart decision, in this particular instance they choose to either give things away, and arranging for their assets or property to be returned after the divorce is finalized. What they don�t often know is that hiding property may set grounds for your former spouse to take you back to court to settle those re-appearing assets. You should also fully disclose any assets to your attorney. A divorce decree can be thrown out of court based on financial deception. |
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| Should I communicate directly with my ex-spouse during this process? |
| | Depending on the situation, primarily if there are children involved. If you have any questions with regard to this matter you should consult your lawyer. Try not to discuss any matters regarding the divorce, instead leave most of the communication to your attorney. Notify your spouse as to where and when you will be spending time with your children during the time that a permanent custody agreement is being established. Your spouse may feel as if you are eluding them, contact the police with attempts to track you down, and possibly tarnish your position during the custody or visitation hearings. Once you have established a temporary visitation or custody arrangement, you should not violate these arrangements. It could pose new problems and make it more difficult for you to obtain the custody or visitation rights that you prefer. |
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| What can I do to help expedite or promote a smoother divorce process? |
| | You should be reasonable and be cooperative as possible with your ex-spouse. Being reasonable may help to yield quicker and easier resolve in a divorce case. Further quarrelling or conflicts may prolong the divorce process, and may push for contestation which may be handled in a longer court process. |
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| Are my children affected by this divorce? |
| | Divorce in most cases, can be devastating to children more than the two primary parties involved. They need your guidance, patience and understanding through these difficult times. Children should never be made to choose sides, nor should they be used as leverage between to feuding parties. This could cause serious psychological trauma for the child. Counseling is often an alternative to help alleviate this problem. |
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| Can I move on with my life and or relocate? |
| | You should wait until the divorce is finalized before considering taking on a new job opportunity in another state. Changes in your new life may complicate and prolong the process of finalizing your divorce. |
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| What happens to property that each person owned prior to the marriage? |
| | In most instances the property that each spouse owned prior to their marriage, as well as property given to or inherited by one spouse during the marriage, usually remains that spouse's separate property. Property may also be considered as a part of the total circumstances used to determine the fair allocation of the marital property. |
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| What kind of assets can be divided during a divorce? |
| | In an uncontested divorce the parties may agree upon what particular assets may be divided, and what means constitute fairness. If the divorce is contested and the divorce is brought to court, the judge may divide any marital and community properties held by the parties. Such properties are homes, vacation properties, investment real estate, automobiles, appliances, furnishings, motorcycles, investments, stocks, moneys, retirement funds, private businesses, and anything tangible acquired during the marriage. Although there are many technicalities in which prior property may still be divided, you should consult your attorney with any particular questions pertaining to these matters. |
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| How does a court decide the custody of a child? |
| | The court often decides the custody of a minor with consideration of certain factors, and usually custody is awarded to the parent who has been the child�s primary care provider. These factors are, but are not limited to:
- Age of the child
- Gender of the child
- Physical and mental health of the child
- Physical and mental health of the parent
- Parents ability to provide living necessities
- Any history of abuse
- Established emotional bonds between the child and the parent
- The child�s routine such as schooling, community, home
- The parent�s ability to provide guidance for the child
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| How is the amount of child support determined? |
| | Child support obligation is appointed to the party that is not awarded the primary custody of a child. There are guidelines that help to establish the amount of child support that must be paid. These guidelines are generally based on each party�s income, expenses, and over all the needs of the children. This is determined by a chart-type format which calculates the total child support as a percentage of the paying parent's income which will increase as the number of children being supported rises.
- The paying parent�s ability to pay the child support payments
- Custodial parents needs, income, and expenses
- The needs of child and or children, and particular expenses such as education, day care, health care, insurance, and special needs
- Childs living standards prior to the divorce or separation
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| What is used to determine alimony or spousal support? |
| | Sometimes the obligation of a couple to support each other in a marriage does not end after a divorce. If one spouse is left with a low income and the other with enough income to contribute to the low income spouse�s support, the court may award alimony or temporary spousal support. There are many factors which influence the court�s decision, but duration and the alimony amount is determined primarily by:
- Length of the marriage between two parties
- Ages of each spouse
- Health condition of each spouse
- Ability of the spouse to be self governed and independent
- The income of the primary bread winner
- Standard of living enjoyed by both parties during the marriage
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