FAQ

You are not required to hire an attorney in family law scenarios, but you probably should. Any time you mix the law with your family, the situation is complex and emotionally charged. Legally, an attorney can provide advice, negotiate on your behalf, and represent you in court when necessary. They are familiar with the laws and regulations, and they work to protect their client’s rights and interests. Without an attorney, you risk making a costly mistake, or you may receive an unfavorable outcome.

Courts typically don’t want to separate parents from their children, unless they believe a parent is dangerous or harmful to the child. Even if you receive no direct custody, you can still earn visitation rights. This is specifically scheduled time when you can be alone with your kids, but you must return them by a specific time.

Parents can have sole custody, or joint custody, given to only one person, shared between the parents. Courts can distribute joint custody in a variety of ways. One parent could have physical custody while the other has custody. Parents could share one or both forms of custody. The percentage of custody can be closer to 50/50 or as broad as 90/10. Possible combinations are almost limitless.

Divorcing spouses are free to make any agreements they choose. However, it’s always best to include an attorney who can help correct any mistakes and make sure you don’t miss anything important. Instead of going to court, you can attend mediation, where you negotiate the terms together.

Annulment is different from divorce. It essentially erases a marriage from your record, and it applies only to special circumstances. You can get an annulment if you were incapacitated at the time of the marriage; if either partner was underage at the time; if either partner was forced or tricked into the marriage; if either partner is already legally married; if there was fraud in the marriage; and so on.

Alimony is a way of protecting spouses from becoming destitute after a judicial separation. If either spouse is financially dependent on the other, even a little bit, the higher-earning spouse will probably be asked to pay some form of alimony.

Legally, when you are a parent, you are expected to support your children financially. In divorces, this often means contributing money to the children. Both parents are expected to pay child support, and the final ruling is based on each parent’s income and their ability to contribute. Even if someone has sole custody, they spend their money directly on the children, therefore paying child support. The other simply supplements that expense through monthly payments.

Generally, the entire process takes between six months to one year. Many factors can contribute to shortening or extending this time. If, for instance, there is evidence of abuse, the court can expedite the process. Couples can also make agreements together through mediation, bypassing a lengthy courtroom trial.