Q: Should I hire an attorney to represent me in my divorce?

A: Yes. There are many reasons to seek competent legal advice. If you have children from the marriage and/or property to divide, an attorney can provide you with valuable resources and guide you through the often-confusing divorce process. An attorney will act as your advocate to ensure that your legal rights are preserved.

Q: What is the cost to file for divorce?

A: Our fee for a simple, uncontested divorce without ancillary matters is $650.00, plus court costs. There are additional fees and costs for a divorce that involves ancillary matters such as: child custody and support, alimony, property division, and visitation.

Q: How long does it take to get divorced?

A: The parties must be separated for six months before the court will schedule the divorce hearing or a motion to finalize the divorce. If you have children, you must also complete the parenting class and file the certificate before your divorce can be finalized.

Q: How is support calculated?

A: Child Support is calculated according to a court formula. It is critical to know each party's income from all sources and whether there are any day care expenses before calculating the formula. It can be tricky if one party is self employed, we can provide assistance in helping protect your rights.

Q: How is custody determined?

A: Custody is determined by the best interest of the child standard. Neither parent is presumed more capable simply because of their gender. There are so many variables so it is important to consult with an attorney before filing.

Q: Am I entitled to an interest in the house if the house is only in my spouse's name?

A: Probably, if the house was purchased during the marriage. If it was purchased before the marriage, it would depend on the intent with which it was purchased, the funds used to purchase it, the length of the marriage, and when it was purchased.

Q: Am I entitled to alimony?

A: Alimony is determined by the financial need of one party, and the financial ability to pay by the other party. For a marriage under 20 years, you may be awarded alimony for half the length of the marriage. For a marriage over 20 years, you may be entitled to alimony for an indefinite time.

Q: Will my parents be reimbursed for the money they gave us to buy the house?

A: Probably not. The money will likely be seen as a gift to both of you.

Q: How is the furniture divided?

A: If the court retains jurisdiction over property, it will often be divided according to a two list method. One party compiles a list of the property, dividing it into two relatively equal columns; the other party then chooses which column they wish to keep.

Q: How can I protect myself when my spouse hits me or threatens me?

A: Filing for a Protection From Abuse Order can protect you and your children.

Q: Am I responsible for his/her debts?

A: You may be responsible for debts incurred during the marriage. However, debts incurred after the date of separation might not be considered a marital debt.

Q: Am I entitled to any part of his/her pension or 401k benefits?

A: If the court retains jurisdiction over the marital property, then it may divide any pension/401k accounts that were accumulated during the marriage. This is done by court order and sent to the account managers to disburse funds accordingly. The order securing your interest in your spouse's pension is called a Qualified Domestic Relations Order. You need an attorney to prepare this document due to its technical difficulty.

Q: Can I sell marital property to help pay my bills?

A: Normally no. If one party has filed for divorce, there may be an injunction in place preventing the sale. However, an attorney could assist you in filing for interim relief.

Q: Does your firm handle other areas of law?

A: Yes. We handle personal injury, workers compensation, bankruptcy, real estate, social security disability, and wills and estates. Please contact an attorney in one of our offices to schedule an initial consultation.

Q : What is the next step?

A: Call our Kirkwood Highway office (998-0100) or our Bear office (832-3200) for a consultation with one of our attorneys. The fee for an initial consultation is $100.00.

DISCLAIMER: The above is basic information about your rights and should not be considered legal advice. Please seek the advice of an attorney.

The above is basic information about your rights and should not be considered legal advice. Please contact our office to schedule a consultation with one of our attorneys. The fee for an initial consultation is $100.00