Frequently asked questions
Q: Do I need to have an attorney?
A: There are so many potential pitfalls that an attorney is necessary when you are going through a divorce.
If you have real estate and it is titled in both names, is one person going to keep the residence? Do you need a Quit Claim Deed to transfer ownership? How about the mortgage? Is someone going to refinance or will both parties be obligated on the mortgage for an indefinite period of time? When you have retirement accounts, certain state and federal laws come into play regarding the division and/or distribution of retirement accounts. If you have children, the attorney can help guide you through an effective parenting plan, and deal with issues of tax exemptions, extra curricular activities, health insurance and uninsured health care expenses.
The bottom line is there are so many issues that most people will not think of that are important during a divorce. I have run into too many situations where I am asked to fix the problems that people encountered when they attempted to dissolve their marriage without attorneys.
Q: Why do I have to pay a consultation fee?
A: I have over 25 years of experience as an attorney and in the consultation, I will be providing you with my advice, which is based on all those years of experience.
Q: What is joint custody?
A: First of all, there are two types of custody; Legal and physical. Physical custody is where the child(ren) primarily reside. True joint physical custody means the child(ren) reside with each parent half of the time. Legal custody is the decisions regarding major medical, educational and religion. Joint legal custody gives input by both parents to those decisions.
Q: When can I stop paying child support?
A: The basic answer is at age 19. However, it is possible to terminate child support prior to age 19 by emancipation. A child may also be emancipated if they get married or join the military. In contrast, a child support obligation may continue past age 19 if a child is incapacitated. In this instance, the child support could continue indefinitely. This is a very fact sensitive area and you should contact an attorney to discuss more details.