Divorce
How long does it take to get divorced?
The time it takes to obtain a judgment of dissolution (divorce) depends on many factors. Most cases settle (as opposed to going through a trial), so finalizing depends on how long it takes all parties to reach agreement on all issues and have a conforming judgment approved of by the court and filed. Naturally, the timeline is also affected by the availability of counsel and parties needed to move the matter forward, the number and complexity of issues to resolve, and whether any outside experts need to participate.
A court will not render parties single until at least six months after the Respondent is served with the Petition and Summons (the documents which must be filed and served to initiate the legal action). The matter can be resolved in less than six months, with a judgment submitted for approval; however, the parties must remain married for at least six months within that judgment of dissolution counting back from the date the initial pleadings were served.
How do I know whether I truly want/need a divorce?
This is a decision that your attorney can't make for you. You may want to seek input from trusted friends and family or a counselor to work through your feelings about the issues you're facing in your marriage before you reach such an important decision. Further self-reflection may be sparked by reading this article.
What is the difference between legal separation and divorce?
A legal separation differs from a divorce in that you can obtain a judgment of legal separation containing all of the same types of orders that you can in a divorce, but the parties remain married. Often, when people seek a legal separation, they do so for financial or emotional reasons. During your consultation our attorneys will obtain information about your particular situation and goals, and guide you to seek the type of resolution that is most beneficial for you.
What if I don’t want a divorce?
Only one person in a marriage needs to want a divorce in order to obtain one. A person cannot prevent their spouse from obtaining a divorce.
Do I need a lawyer?
This depends on the complexity and number of issues to resolve, as well as your relationship with your spouse. While it's not necessary to have a lawyer, family law is far more complicated and technical than it may appear. Having an expert lawyer guide you along the process ensures that your legal interests are protected to the best extent possible and that you are knowledgeable about the legal consequences of any orders that are obtained.
What is a divorce coach or consultant?
Learn about coaching and consulting in our section outlining Litigation, Mediation, and Mediation Coaching/Consultation.
What issues can be solved in a divorce?
A divorce can resolve a number of issues: child custody, child support, spousal support (also known as alimony), property division (including assets and debts), and attorney fees.
How are assets and debts divided during a divorce?
If parties are reaching a settlement -- either by negotiation or mediation -- they may divide property by agreement in whatever fashion they choose. If the matter is litigated in court, the court must divide all community property equally between the parties and confirm separate property to the person who it belongs to.
Who can help us sort out the finances during divorce?
Your attorney can provide you sound ideas and guidance on this issue, as can a skilled family law mediator. When finances are complex, sometimes expert accountants or consultants can be utilized in the process to help you make the best informed decisions.
How is child custody determined in a divorce proceeding?
The same considerations apply to child custody determinations in divorce proceedings as they do in other types of family law proceedings. Please refer to our child custody outline for more information.
How much child and/or spousal support will I have to pay?
Child support is determined by a mathematical equation in the family legal code which takes into account your respective financial circumstances and custodial timeshare. Our firm has software to provide you with this information. Get in touch, let us know that you'd like to cover this issue in your consultation, and make sure to bring your most recent pay stubs (for both parties if possible) and most recent tax returns. Incomes and custodial timeshare are the most important factors used to determine child support.
For spousal support, the calculation isn’t as cut and dried. Let us know you’d like to cover this issue in your consultation as it applies to the facts of your circumstances.
Who should move out of the family home and when is the ideal time to do so?
The answer to this question is always fact-dependent and you should seek legal counsel on this issue as it pertains to your specific circumstances.
My spouse is abusive, is there a way I can protect myself during the divorce process?
Yes, whether you are in a divorce process or not, you can seek orders of protection from the court if your spouse has been abusive. More information on obtaining or defending Domestic Violence Restraining Orders (DVROs) is available here.
Give us a call and we can set up a consultation to talk you through your options for taking legal action to make your situation safer.
How much does it cost to get divorced?
The overall cost of divorce is impossible to estimate since the total cost will depend on certain key variables such as the complexity of the issues presented, the way you choose to approach resolution, and how long it takes to reach an agreement or obtain court orders, etc - all of which are unpredictable given all the people involved. At Dubroff, Easley & Lovell, LLP we strive to keep our efforts targeted and efficient, while matching your goals, to keep fees and costs as streamlined as possible.
What are my first steps if I want to start divorce proceedings or find out more information on some of these topics?
We have a great outline of how to get started here, including information on your first steps and what to expect, and how to go about choosing the right attorney for you.