Once you have made the decision to divorce there are several issues of concern. These issues include the division of property, care of the children, child support, and spousal support. Where you live will determine how these issues are handled, and having up to date information for your place of residence is imperative.
The following are some of the most frequently asked questions:
- Q: How long will it take me to get a divorce?
A: Well there are no easy answers to that question because it depends on the parties involved. An uncontested divorce could take a month and a contested divorce could take one to two years.
- Q: Can my spouse prevent the divorce? Will I have to go to court?
A: Your spouse cannot prevent the divorce but he or she can prolong the process. Most divorces settle out of court because trials are expenses and time consuming. Trials should be reserve for serious disputes. The court will approve your divorce settlement.
- Q: What about the custody of the children?
A: The court will look at the "best interest of the child" to determine who is granted custody of the child.
- Q: What about support for the children and spouse?
A: Child support is mandated pursuant to the support guidelines, which is based on spouse's gross salary. Alimony can be awarded for any duration: from year to life, depending on the circumstances. Alimony can be changed depending on the "material change in circumstances" by a spouse. Alimony awards are usually a combination of needs of the parties and the obligor.
- Q: Can we date during the divorce?
A: That depends on the circumstances and the discretion of the parties involved. If children are involved it will anger the other spouse and could delay resolving the divorce. The court may issue an order that no third party should be present with the children. Dating during the divorce process may be upsetting to the children and parents should consider this when deciding whether or not to date.
- Q: My spouse will try to cheat me financially, so what can you do about it?
A: As an attorney, I can quickly freeze all of the known assets of the other spouse on an ex parte basis to prevent selling or hiding assets. However, in some cases not all the assets might be detected during discovery.
- Q: Is my spouse entiled to any of my inherited property?
A: If the marriage was very short probably not. However, the court can divide the other assets to make up for the inherited property.
- Q: What happens to our health insurance?
A: The children will remain covered by the present health insurance. The divorced spouse will remain covered at no extra charge until such time as the insured remarries. If the covering spouse is self insured then COBRA would cover the other spouse for 18 months. The judge may order the covering spouse to reimburse the non-covered spouse without reducing the alimony.
- Q: Who will pay for college?
A: There is no definite answer to this question. It would be prudent to incorporate into the separation agreement a clause to re-negotiate during the junior or senior year to determine who pays for college.
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