Family Law and Divorce FAQs
Matters of divorce and family law can easily become confusing and complicated, with a variety of laws governing everything from who pays child support and how much to who gets to keep bank accounts and property.
We’ve gathered some of our clients’ frequently asked questions below to help guide you. We realize it isn’t possible to answer every question you may have about your own unique situation. If you have further questions, contact us for more information or to schedule a free consultation.
Q: Is it important for me to have a lawyer? My friend got divorced without an attorney.
A: Though you can get a divorce without a lawyer, it is best to have someone who can help advocate for you in tough situations, review any proposals your spouse is making, and keep you advised of your rights. This helps you receive the most favorable outcome in your individual situation.
Q: How is child custody determined?
A: There are many factors that go into determining child custody, both physical custody (the schedule of when a child is in the care of a parent) and legal custody (the allocation of decision-making responsibilities on matters such as education, religion, and medical care). Contributing factors to determining custody include the child’s relationship with each parent and an individual parent’s ability to provide for the physical and emotional needs of the child.
Q: How is child support calculated?
A: The courts calculate child support based on the non-custodial parent’s income. Factors such as medical costs and schooling are considered when making the calculation. An experienced family law attorney can help guide you through these calculations and how your individual needs may impact the numbers.
Q: I’ve had a significant life change. Can the terms of my divorce be modified?
A: Yes, but it must go through the proper legal channels. Even if you and your ex agree to a change, it cannot be considered official until it is registered with the courts. We can help guide you through modifications to child custody, child support, spousal support, or other terms of your divorce.
Q: I’m afraid that my ex might try to harm me or my children. What can I do?
A: If you have been the victim of domestic violence, or have been threatened with domestic violence, it is important that you contact an experienced attorney to help protect you and your family. We can advise you of your rights, point you toward resources, and help you take legal action, if necessary.
Q: I’m about to get married and have significant assets. I don’t ever anticipate getting a divorce. Do I really need a prenuptial agreement?
A: If you want to protect the assets you currently control in the worst-case scenario of a divorce years into the future, yes, you need a prenuptial agreement. If you already are married and want to protect your premarital assets, you need a postnuptial agreement. If you do not have one of these documents on file, you could risk losing non-marital assets to your spouse in the event of a divorce.