Frequently Asked Questions

How long does a divorce typically last?

A: Shortest possible time is 60 days after service. Typical time frame if contested is 6 months to a year. Complex cases can last more than a year. The more you can agree the faster it typically goes.

What are my rights to property in a divorce?

A. Court starts from the assumption you split all assets 50-50, but it doesn't have to. Can claim separate property (before marriage or inheritance) or fraudulent use / concealment / waste on things like gambling or addiction. Consideration should be given to dividing assets in a way that creates the least hassle and least additional expense.

Can I get Alimony in my case?

A: Typically anyone can claim alimony. Two part test: 1) is an award appropriate / 2) how much and how long. First part of the test considered financial need of the person claiming and/or if the person claiming made career sacrifices made in favor of the other spouse. The second part considers the ability of both spouses to support themselves, need vs ability to pay, length of the marriage, cost of medical insurance for spouses after separation, etc to come up with a number and length of time. If you pass the first part of the test, number can still be zero.

Can I get my spouse to pay my attorney's fees?

A: court's look at the difference between financial resources of the parties and how reasonable their positions were at trial. Court doesn't have to award the entire amount.

How can I be sure to get custody of my kids?

A: Court starts from the position that both parents should share both parenting time and legal decision making equally. If it's impossible, the court focuses on protecting children from domestic violence and child abuse, and to attempt to prevent the case from interfering in the children's day to day lives to the extent possible.

What if I already have a bad custody order?

A: You can ask the court to change the parenting plan up to once a year absent an emergency. Family courts don't have the ability to sever parental rights, so the rule of thumb is if you are willing to work on yourself and your relationship with your kids, there's an opportunity to get more time with your kids.