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LITIGATION
This is the means most familiar to people searching for a divorce lawyer. Litigation entails court appearances and contested hearings. Unfortunately, sometimes this is the only way a matter can finally be resolved. It is particularly useful when there is a substance or physical abuse problem existing in the family or when one party refuses to negotiate. If you do not feel your case is amenable to the other, less confrontive forms of resolution, this is your main option. Just because your case is "going to court," however, doesn’t mean it cannot be settled with an acceptable agreement. There are often some issues upon which your attorney will obtain an agreement with the other side, and others that must be left to the judge to decide. In any case, you need an effective advocate to present your case: someone with whom you can connect and who understands your circumstances. |
Here are some frequently asked questions (FAQ):
How much does a divorce cost?
This simple question is difficult to answer, because so much of the cost depends upon how much time is spent in conflict or litigation. The faster your case settles, the less expensive it is.
What happens if we both want the children to live with us?
Each of you or your attorneys must file documents detailing the reasons why you feel it is in the best interests of the children for the children to live with you.
Do I have to pay Spousal Support?
It depends. Once again, the Court will look at the relative incomes of both parties before deciding. There is Temporary Spousal Support which may be ordered while you are separated, but before you are divorced. Temporary Spousal Support is usually higher than Permanent Spousal Support. After the divorce, the Judge uses a different set of rules to decided.
Division of Assets and Debts: Who gets what?
There is a presumption in the law that anything acquired during the marriage, whether it is an asset or a debt, is divided equally at the termination of a marriage. However, there are some exceptions to this rule that depend upon the individual case.
What happens if my spouse has an attorney but I can’t afford one?
If you are unable to afford a lawyer and the Judge decides that your spouse has the financial ability to pay for your attorney, the Judge may order your Attorney Fees to be paid by your spouse.
