Family Law F.A.Q.

How long will my divorce take?

If the parties and their attorneys are able to reach an amicable agreement after sharing pertinent information, divorces can take as little as 90 days, including administrative processing time.

How much will my divorce cost?

Uncontested divorces, where people agree on everything, are much less expensive than cases involving disputes about children, property, and spousal maintenance. Utilize your attorney to evaluate what type of case you have.

What is considered non-marital property?

Sometimes a business, real estate, or even a pet is not considered to be marital property subject to equitable division in a divorce. Check with your attorney to find out alternative courses of action.

What is the courtroom like?

Depending on which county you are in, the court will either have a time slot for your case, or simply have many cases together in the same courtroom, with precedence given to uncontested agreements.

What is the difference between physical and legal custody?

Physical custody focuses on where the child's primary residence is. Legal custody focuses on important decisions about a child's life, including education, medical care, and religion. Both kinds of custody can be sole or joint.

How do courts make physical custody decisions?

In most cases, the courts must consider 13 factors related to a child's best interests. If the case involves modification of an existing court order, the court often is required to consider child endangerment, too.

How is parental access decided?

It is best if the parents can work this out utilizing available research and experts on what schedules are best for children.

Have the child support laws changed?

In the past, the court used a percentage based upon the payer's net income for determining child support. Now, the courts use a much more complex computer based calculation that takes into account both parents' gross incomes and actual daycare and medical/dental costs, as well as obligations for other children.

When should I come in for a consultation?

It depends on your comfort zone. Many people have consultations with lawyers to better understand what their rights are.

What if I am in danger?

Call 911. In addition, make an appointment for a consultation as soon as you reasonably can, and be careful to bring children and animals to safe places, including shelters, if the situation warrants.

Do you have any other advice?

Expect a better tomorrow, as there is always light at the end of the tunnel.