Divorce FAQ: Frequently Asked Questions
We get a lot of questions when new clients come into our offices: about how the divorce process works, about specific child custody issues, about property division, about how attorney fees are calculated. To help you feel more prepared for your potentially pending divorce, we've compiled a list of the most frequently asked questions we receive on a daily basis to make sure you're ready for whatever situation might be looming. Don't see your question here? Drop us a line and let us know how we can help!
How do I choose a lawyer?
The most important factor in selecting a lawyer to help you through your divorce is to hire someone you are comfortable with, and who you feels listens to your and your concerns. Thin carefully about what type of lawyer you want and need - someone who will work hard to keep your case out of court? Or do you want an attorney known for their litigation prowess? Maybe someone with substantial experience working with child custody issues? This is your time to really drill down into what matters most to you. Different things are important to different people, so think about what’s most important to you.
Be sure you understand how fees and costs are assessed. While cost is always a factor, be careful about comparing hourly rates between lawyers and selecting on that basis alone. A more experienced attorney might charge a significantly higher hourly rate than a newer attorney, but they might spend less time on a task than the less experience lawyer.
Listen to your instincts - does your lawyer appear overly optimistic about what he or she can get for you? Or do you feel you are getting realistic input about the possible outcomes of your divorce? Courts and judges are unpredictable; be wary of any lawyer who states that they will get a certain result for you.
Marie has over 15 years of experience helping clients walk through the turmoil of divorce and create a future for themselves and their children.
Be sure you understand how fees and costs are assessed. While cost is always a factor, be careful about comparing hourly rates between lawyers and selecting on that basis alone. A more experienced attorney might charge a significantly higher hourly rate than a newer attorney, but they might spend less time on a task than the less experience lawyer.
Listen to your instincts - does your lawyer appear overly optimistic about what he or she can get for you? Or do you feel you are getting realistic input about the possible outcomes of your divorce? Courts and judges are unpredictable; be wary of any lawyer who states that they will get a certain result for you.
Marie has over 15 years of experience helping clients walk through the turmoil of divorce and create a future for themselves and their children.
What should I ask a lawyer before I decide to hire them?
You should be comfortable that the attorney has an adequate amount of experience and knowledge about the major issues of your divorce. Ask if they have handled cases with issues similar to yours, especially if your case has any uncommon aspects. Perhaps you have children with special needs, a parent with an unpredictable travel schedule, one of you owns a business, or a spouse has been unemployed for a long period of time. Whatever the situation may be, you want to ensure that your potential attorney has the skills and understanding to handle your specific case. Divorces are never cookie-cutter; all families have different issues to address.
Be sure to ask how fees and costs are tabulated. Beyond the lawyer’s hourly fee, what other charges will you see on your invoice? Postage, copy costs, paralegal time, courier services, and fax charges can add up quickly. Are you charged for the lawyer’s travel time to and from the courthouse? Any other costs that you will be billed for need to be clearly defined.
Be sure to ask how fees and costs are tabulated. Beyond the lawyer’s hourly fee, what other charges will you see on your invoice? Postage, copy costs, paralegal time, courier services, and fax charges can add up quickly. Are you charged for the lawyer’s travel time to and from the courthouse? Any other costs that you will be billed for need to be clearly defined.
How can I minimize the legal costs of my divorce?
First, be organized! Don’t arrive at your attorney’s office with a shipping bag full of financial records. Take the time to sort and organize all your records into a set of documents your attorney and their staff can easily access.
Recognize that your lawyer is there to handle legal aspects of your divorce. He/she is not your therapists, counselor or best friend. Paying your attorney to listen to you complain about your soon-to-be ex-spouse is a surefire way to run up your bill. Trust your attorney to know what he/she needs to know about your marriage, your spouse and your children. If you find you need to talk about all the emotions you’re going through during your divorce, enlist a good friend to listen; or better, think about finding a good counselor. Most lawyers will caution you that your unnecessary conversations are costing them a lot of money. If yours mentions that your bill is being impacted by your frequent phone calls asking about unimportant things, listen!
Try to eliminate emotions from many of the decisions you’ll have to make. For example, used furniture, kitchen appliances and old lawnmowers are rarely worth arguing about. If you let yourself get up in the “but it’s not fair!” mentality, you can spend much, much more money in arguing about who gets what. In many cases, it’ll be cheaper to buy all new stuff than pay an attorney to argue over every last detail.
Recognize that your lawyer is there to handle legal aspects of your divorce. He/she is not your therapists, counselor or best friend. Paying your attorney to listen to you complain about your soon-to-be ex-spouse is a surefire way to run up your bill. Trust your attorney to know what he/she needs to know about your marriage, your spouse and your children. If you find you need to talk about all the emotions you’re going through during your divorce, enlist a good friend to listen; or better, think about finding a good counselor. Most lawyers will caution you that your unnecessary conversations are costing them a lot of money. If yours mentions that your bill is being impacted by your frequent phone calls asking about unimportant things, listen!
Try to eliminate emotions from many of the decisions you’ll have to make. For example, used furniture, kitchen appliances and old lawnmowers are rarely worth arguing about. If you let yourself get up in the “but it’s not fair!” mentality, you can spend much, much more money in arguing about who gets what. In many cases, it’ll be cheaper to buy all new stuff than pay an attorney to argue over every last detail.
How long does a divorce typically take?
Well, there is no “typical” divorce. Divorces generally take as long as necessary for the parties to reach agreements or, if required, for a trial. In Washington, there is a 90 day waiting period from filing the petition to the time a final divorce decree is filed. If parties can reach agreements on all aspects of their divorce in 90 days (child custody and support, division of assets and liabilities, and spousal maintenance are the major areas in need of resolution) a decree can be entered as soon as the 90-day period is reached.
For very simple divorces (without children, little or no property to divide), it is common to complete everything in 90 days. For longer term marriages with children and assets to divide, it can take much longer. In a litigated divorce requiring a trial where a judge will divide property and debts, and make decisions regarding children, a divorce can take 18 months or more. This lengthy process takes both an emotional and financial toll on everyone. Several avenues to resolution of divorce issues and out-of-court settlements are possible. Marie specializes in helping her clients accomplish their divorces without resorting to court, thereby helping people remain in control of their lives and future.
For more information on how to avoid trial, see the information on Collaborative Law and alternative dispute resolution by clicking HERE.
For very simple divorces (without children, little or no property to divide), it is common to complete everything in 90 days. For longer term marriages with children and assets to divide, it can take much longer. In a litigated divorce requiring a trial where a judge will divide property and debts, and make decisions regarding children, a divorce can take 18 months or more. This lengthy process takes both an emotional and financial toll on everyone. Several avenues to resolution of divorce issues and out-of-court settlements are possible. Marie specializes in helping her clients accomplish their divorces without resorting to court, thereby helping people remain in control of their lives and future.
For more information on how to avoid trial, see the information on Collaborative Law and alternative dispute resolution by clicking HERE.
I have separate property that I owned before marriage. So that’s mine, right?
No, not always. First, in divorce, all property is before the court. This means that the court can still decide that fairness requires a portion of the separate property be given to the other spouse. Or, the court might award more of the community property to the spouse without the separate property to offset the fact that one spouse has separate property, especially if the value of the separate property is significant as compared to the amount of community property.
Just because the property was acquired prior to marriage does not mean that it is still separate property. Several actions could have occurred during the marriage which might have “converted” the property to community property. You will need to talk with an attorney experienced in community property issues to determine the correct course of action in divorce.
Just because the property was acquired prior to marriage does not mean that it is still separate property. Several actions could have occurred during the marriage which might have “converted” the property to community property. You will need to talk with an attorney experienced in community property issues to determine the correct course of action in divorce.
What is mediation?
Mediation is a type of alternative dispute resolution to help parties reach an agreement out-of-court. A well-trained mediator can help resolve even what appears to be insurmountable issues or stumbling clocks to settlement. Not all mediators are equally skillful. Marie is a trained mediator who brings her understanding of the complex emotional dynamics of divorce to help people reach agreements and remain out of court.
Parties can enter into mediation with or without their own attorneys. However, it is important that you consult with a lawyer prior to your mediation to get information on what to expect, how best to present your case to the mediator, and what is the general law regarding the issues of your case. Marie is available to work with clients seeking legal advice in preparation for mediation or to accompany clients through the mediation process. Usually, mediation produces better and quicker results if attorneys attend the mediation, especially if your mediator is not a lawyer themselves.
Parties can enter into mediation with or without their own attorneys. However, it is important that you consult with a lawyer prior to your mediation to get information on what to expect, how best to present your case to the mediator, and what is the general law regarding the issues of your case. Marie is available to work with clients seeking legal advice in preparation for mediation or to accompany clients through the mediation process. Usually, mediation produces better and quicker results if attorneys attend the mediation, especially if your mediator is not a lawyer themselves.
How is child support determined?
The court sets the child support monthly payment (called a “transfer payment”) based on a statutory schedule. The schedule uses each party’s gross income, certain “allowable” deductions, costs for daycare, medical insurance premiums or bother child raising costs to arrive at a monthly transfer payment. One of the benefits of arriving at your own out-of-court settlement is that you may negotiate a child support transfer payment more tailored to your circumstances, because there may be additional facts that impact the costs of raising your children. Courts are somewhat limited in what extraneous factors may be considered.
If one of the parties does not have regular income from wages, the situation becomes more complicated. For example, factors such as one parent owning a business, working only as an independent contractor, or is unemployed, the advice of a skilled attorney is essential to establishing a child support amount fair to both parties. Marie has helped many clients with these complicated child support factors. You’re welcome to contact her to discuss how her financial skills and experience can assist you with any child support issues.
If one of the parties does not have regular income from wages, the situation becomes more complicated. For example, factors such as one parent owning a business, working only as an independent contractor, or is unemployed, the advice of a skilled attorney is essential to establishing a child support amount fair to both parties. Marie has helped many clients with these complicated child support factors. You’re welcome to contact her to discuss how her financial skills and experience can assist you with any child support issues.
