FREQUENTLY ASKED QUESTIONS

As unique as your situation is, over our many years of experience, we find many questions come up repeatedly. If your specific questions hasn't been answered here, please contact one of us for further information.

How long does a divorce take?

A divorce will take a minimum of 6 months from the date one party is "served" (legally notified of the action). If you do not have a signed Judgment in 6 months, the case becomes final upon entry of your Judgment.

What are my rights? What am I entitled to?

You should contact an attorney to ask specific questions regarding your rights. Contact any one of our attorneys for a consultation.

What is Collaborative divorce?

A Collaborative Divorce is a process where the parties and attorneys all sign an agreement to cooperate, amicably with each other to reach a settlement agreement out of court.

What is a Legal Document Assistant (LDA)?

An LDA is a non-attorney, trained in document preparation.

What is a Divorce Coach?

A divorce Coach is a person, usually a therapist that works with you during divorce to help contain the emotional issues.

What is Mediation?

Mediation is a process where both parties sit with a trained third party to help you resolve your issues yourself.

What is Guideline Support?

Guideline support is the amount the Court would impute if you cannot reach an agreement with your spouse.

What is a Collaborative Team?

A Collaborative Team is a team of professionals created by your attorney or therapist that together will assist in avoiding litigation.

What is a Career Counselor?

Also known as an Employment Specialist, a Career Counselor is a person trained in helping clients assess their marketability and their vocational skills. A career counselor will also help you successfully pursue a new or former career path in the current job market.

What is a Declaration of Disclosure?

Declarations of Disclosure are Family Law forms that the Court requires each party to complete and exchange with one another during the divorce process.

What is a QDRO, and do I need one?

Not necessarily. Ask the Plan Administrator of the pension or savings plan, they will tell you if one is required in your case.

I'm not interested in therapy. Is it necessary for me to see a Therapist/Divorce Coach as part of our divorce process?

It is a good idea to schedule at least one consultation with a therapist/coach or therapist/coach team, to determine several things: the degree of emotional upheaval that is to be expected in your individual case and "hot-spots" can be addressed and diffused. Once a relationship is developed between you and your coaches, communication skills are developed, assisting in the overall success of the process.

My spouse and I cannot even sit in the same room together. How are we going to productively utilize a divorce coach/therapist?

This may be the most critical time to retain the services of a therapist/divorce coach. You will each obtain your own coach, and with the coaches' help, address the issues. Your ability to communicate effectively, even through your extreme feelings, with the support of a therapist/coach, will impact the outcome of your divorce immeasurably. A coach can help you define the issues, distinguish between practical matters and emotional matters, and move you through the process to an effective outcome.

Money is a real issue. Do I really need a Divorce Coach or Parenting Specialist?

A struggle with financial problems may have been an issue for your family even prior to your decision to divorce. Now, with the additional burden of separate living expenses, you may feel overwhelmed. We believe, however, that a collaborative divorce that keeps you out of court will cost approximately one-third of a litigated case. A divorce coach will help move the process along more quickly and efficiently, thus saving you money.

What is the difference between Collaborative divorce and a "Regular" Divorce?

Collaborative Practice, by definition, is a non-adversarial approach to divorce. The spouses-and their lawyers-pledge in writing not to go to court. They negotiate in good faith, and achieve a mutually-agreed upon settlement outside of court. The cooperative nature of Collaborative Practice can greatly ease the emotional strain caused by the breakup of a relationship, and protect the well-being of children.

What's the difference between Collaborative Practice and Mediation?

Both Collaborative Practice and mediation rely on the voluntary and free exchange of information and a commitment to resolutions that respect the parties' shared goals. If mediation does not result in a settlement, the parties may choose to use their counsel in litigation, if this is consistent with the scope of representation upon which the client and lawyer have agreed. In Collaborative Practice, the lawyers and parties sign an agreement, which aligns everyone's interests in the direction of resolution, and specifically provides that the collaborative attorneys and any other professional team members will be disqualified from participating in litigation if the collaborative process is terminated without an agreement being reached. Professional advice should be sought when deciding whether mediation or Collaborative Practice is the best process for any individual case.

How do I know if I need a divorce financial specialist?

Many people go through divorce with false expectations and faulty information. Your attorney understands the legal ramifications of various settlement proposals, but may not have the training to assist you effectively in looking at the immediate and long-term tax and financial impact of your settlement.

If you have concerns about your present or future financial needs, about your children's financial well being and education, about the most equitable ways to divide up your assets, about taxes, health insurance or the value of a business, you will benefit from working with Financial Solutions for Divorce.

Why should I work with a financial specialist who is certified in financial planning for divorce?

Working with a qualified financial specialist can save you time and money and give you peace of mind. You will have a financial expert in your corner to help you understand and plan for the immediate and long-term impact of proposals being considered.

When should I talk with a financial specialist?

The sooner you talk with a financial advisor, the sooner you will begin to feel comfortable taking charge of your financial future. Many attorneys recommend that their clients work with a Certified Divorce Financial Analyst as soon as divorce is considered.

Do I still need an attorney if I have a financial specialist?

Yes. An attorney advocates for your legal interests. A Financial Specialist works with your attorney to help assess all of the financial issues.