FAQ
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Will my case need to go to court?Not always. Whether or not your case goes to court largely depends on you and your spouse’s ability to compromise on the terms of the divorce/family law issue. Mediation allows two individuals to reach various agreements without having to go to court. This process has a number of benefits, including that it allows you to find solutions that are tailored to your situation, rather than rely on rulings from an impartial judge. If, however, you and your spouse or the other party involved are not able to reach an agreement, your case will most likely have to go to court.
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How long does it take for papers to go through after filling?The amount of time your divorce takes depends on a number of factors, such as how you filed (no-fault, fault, or if you could prove adultery, for example), if you have children, the amount you have to divide, and the laws of your state. Very generally, a divorce can take up to a year to be finalized, especially if you have children or complicated property division.
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What factors determine child support?Child support is determined according to the state’s guidelines. The court will look at the needs of the child (within reason), as well as the ability of either parent to pay. While there are many factors involved, the most important are the income of both parents, the cost of healthcare for the child, daycare expenses (if relevant), and the living arrangements of the child. If child support is awarded, the non-custodial parent will pay the custodial parent an amount determined by a calculation based on the child support formula.
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How will the judge decide custody?
Family courts take a variety of factors into account when determining child custody. First and foremost, the needs and interests of the child always come first. The court may also look at the age of the child, the child’s wishes (if appropriate), how well he or she is established in his/her community, the relationships between the child and either parent, the role each parent has had in the child’s life, and whether or not the child has any special needs. The court may also evaluate each parent’s ability to care for the child, physically, emotionally, and financially.
These are just some of the factors involved in determining child custody. To learn more, contact one of our child custody attorneys and schedule a consultation.
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Do I need a lawyer?While it is not required by law that you have a lawyer for your divorce or family law issue, it is highly recommended that you seek experienced legal counsel. The family law system can be incredibly complex and it is often difficult to navigate the process on your own. Our family law attorneys can help you make sure that your rights and interests are protected throughout each stage of the process.
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