Question of the Day: -- 04/11/2006
what is the average price of a simple non-contested divorce,through mediation? -- Sandra
Answer: Sandra: When I started practicing law many years ago, it used to be one thousand dollars. Now I would say it is two thousand dollars. (In fact I just gave that estimate to a prospective client on the phone five minutes ago.) Still it all depends on how complicated your mediation and divorce is and whether you hire a lawyer or do it yourself. Mediation is usually a good way to keep the costs down. Some divorces cost less and some cost a lot more.
Question of the Day: -- 04/10/2006
I have been separated for over 15 years, but never got divorced, is there any law that state if a husband and wife has not lived together for such a time we just need to make a simple application of some sort? or we still need to go through divorce procedures? -- Gagnon
Answer: Gagnon: There is no short-cut. Only the court can grant a divorce so you will need to go through the divorce procedures.
Question of the Day: -- 04/9/2006
How does life insurance pose special problems related to property settlements and how can I address this in divorce mediation? -- Stephanie
Answer: Stephanie: Life insurance may have cash value and therefore it will be an asset to be distributed. Life insurance can also be used to secure support or otherwise provide for children in the event of the death of a parent.
Question of the Day: -- 04/7/2006
In a divorce case, is it preferable to have a female or male attorney represent a female client? -- Pat
Answer: Pat: I think there are more important things than gender to consider when selecting an attorney, like experience, skill and trust.
Question of the Day: -- 04/6/2006
As part of our divorce settlement, I agreed to a 50-50 split of the money when my husband's company was sold. He reported to me that the most he would receive would be $60,000 so my half would be $30,000. Two weeks before his company sold, he sent me a check for $30,000 to cover this agreement. His portion of the company selling was not $60,000 but $600,000.I believe that he misled me since he was a partner in the company at the time and purposely gave me a false verbal report of the company's worth at the time we were dividing property.Do I have legal recourse to recoup the rest of what should be my 50%? -- Diana
Answer: Diana: The court will enforce the terms of the agreement, but only if you ask it to, by motion or petition.
Question of the Day: -- 04/5/2006
How do I know when my husband has been served the citation? -- Kate
Answer: Kate: If service is by mail, you will get a return receipt. If by private process server, they will usually notify you. If by sheriff, then you may have to check the court file by calling the clerk or actually going to the courthouse.
Question of the Day: -- 04/4/2006
My daughter was born out of wedlock and is almost three. The father has NEVER acknowledged any existence of her and doesn't even know her name. I talked to a lawyer about getting child support and he said in return the father would have a good chance at getting "shared legal custody". I have been the one making all the choices and decisions with my daughter since she was born three years ago. I'm I wrong in thinking it's unfair he would have this opportunity? He's controlling enough that if given the chance, he will gladly fight me on anything/everything he can, just because he can. Why do courts allow this and is there any way around it? I'm not against visitation but trying to consult to raise a child with him would be next to immpossible.-- Wendy
Answer: Wendy: The courts have to determine what custody arrangement is in the best interest of the child. In most cases, it is better for a child to have two parents. In fact, many states have a presumption in favor of joint custody. But that presumption can be overcome if you can convince the court that it would not be best for the child.
Question of the Day: -- 04/3/2006
Per our divorce decree, my ex is supposed to pay for our 2 children's health insurance. However, he has been deducting the amount of his premium from my child support check. Hence, he has already taken it upon himself to lower the check 3 times now, since he claims, his premiums went up. At this point, the child support check is dwindling lower & lower. And to top it off, since he has gotten remarried, his new wife is on his family policy, so, in reality, I am paying for her insurance, too. What is wrong with this picture? -- Tina
Answer: Tina: We train people to treat us the way they do.
Question of the Day: -- 04/2/2006
My husband has a very aggressive attorney. Is it necessarily a good thing that attorneys be aggressive? -- Alicia
Answer: Alicia: Well, you certainly do not want a passive attorney who will not move your case forward. The problem is that some attorneys confuse aggressive with rude. I do not think a rude attorney helps your case. I know that when I encounter a rude attorney, I do not want to settle with them. I want to beat them in court. So I try to be aggressive but polite.
Question of the Day: -- 03/31/2006
is there a time limit for filing a divorce again?i filed for one about 8 or 9 months ago and dismissed it...can i refile? -- Jodi
Answer: Jodi: People change their minds. That is why we have erasers on pencils. There is no time restriction on refiling a divorce complaint.
Question of the Day: -- 03/30/2006
I have been granted full custody to my 10 year old son. He has now filed an appeal. What is an appeal? -- Sandra
Answer: Sandra: An appeal is when you ask a higher court to review the judge's decision for error.
Question of the Day: -- 03/29/2006
My husband and I filed for divorce on grounds of adultery (his doing) 3 months ago, we then attempted to reconcile. He moved back in. We now realize that we do not want to be together. What steps do we take to go through with a non-contested divorce? -- Bella
Answer: Bella: The best thing to do is to enter into a written marital settlement agreement. You can then proceed with an uncontested divorce, whether on adultery or no-fault grounds.
Question of the Day: -- 03/28/2006
If the spouse, husband, agrees to leave the wife he's divorcing on his medical insurance along with the kids, of course, is that legal to do? -- Adrienne
Answer: Adrienne: You can keep your spouse on your health insurance until the divorce at which point she no longer is your spouse and therefore not eligible under family coverage of most private insurance companies. After that she can still be covered under the provisions of COBRA but at the individual rate and often at her expense unless it is paid through alimony. The children can continue to be covered before and after the divorce.
Question of the Day: -- 03/27/2006
What are the chances I can expect a "fair" distribution of assets? After 17 years of marriage, to think that distribution might be 50:50 does not seem fair. How do I maximze my chances of keeping what I have worked so long and hard to achieve? -- Patrick
Answer: Patrick: Part of the marriage agreement is that the work efforts of each spouse, and the results, are marital property. And what is fair to one spouse may not seem fair to the other.
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