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Divorce:
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 Guideline Support? Guideline
support is the amount the Court would impute if you cannot reach an
agreement with your spouse.
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.
Document Preparation (LDA):
What is a Legal Document Assistant (LDA)? An
LDA is a non-attorney, trained in document preparation. See a list of
our LDAs or read more about LDAs...
Divorce Coaching:
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. See a list of
our Divorce Coaches.
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" that 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 cooperative 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.
Mediation:
What is Mediation? Mediation
is a process where both parties sit with a trained third party mediator to
help you resolve your issues yourself. See a list of
our mediators or read more about mediators...
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.
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 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.
Financial:
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 a Financial Specialist.
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.
How does a financial specialist get information?
The financial specialist will provide you will with a checklist of all of the documents and information required to begin the process.
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.
Financial FAQ's printed with permission of Financial Solutions for Divorce.
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