DivorceMag: Washington DC FAQs

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Frequently Asked Questions About Divorce

"What should I expect in terms of communication from my divorce attorney?"

Divorce attorney Mark Gross answers: "Your communication level with your family-law attorney can make you feel secure or insecure. The only thing more important than your ability to communicate with your attorney is the advice and counsel you receive from him or her. Having a clear understanding from your attorney of what you should expect in your ability to communicate with them can make the process easier and can also be a factor in helping you decide which attorney you should retain.

There is a large variation in how divorce lawyers communicate with their clients. Some attorneys communicate by telephone, some by e-mail; some use both modes of communication..."

"My spouse and I are about to divorce, and I'm concerned that the divorce process is going to disrupt my business. What can I do to protect myself from interference from her and her divorce lawyer?"

Family-law attorney-mediator Mari Frank answers: "You have a fiduciary duty to disclose information about that business and its value to your wife's attorney and the court. If you owned the business prior to the marriage and had a pre-marital agreement that your spouse had no ownership and that any increase in value would be yours only, it is likely your separate property, a court could order that no valuation need be made. If you started the business before marriage, but worked in that business while married and there was no pre-marital agreement, it is likely that your spouse has an interest in its increased value during the marriage..."

"Is it possible to change a court order or judgement? My ex-wife recently married a very wealthy man and I'd like to stop making child and spousal support payments."

Appellate attorney Brian Saylin answers: " The earnings of a new mate or significant other cannot be used to calculate child support except in extra ordinary circumstances. In no event can you ever stop paying child support until the order provides -- or the child becomes an adult or dies. The only way you can change child support is to go to court and have the court order a modification..."

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