Frequently Asked Questions About Divorce
- "We were only married for two years and don't have a lot of assets. Do we really have to go through the whole divorce process?"
A marriage license is a legal contract, just like any other contract, and you have to dissolve it. Whatever assets you have will need to be divided, by law. Make sure you gather up…"
- "What should I look for in a divorce attorney?"
Choosing the right attorney is one of your most important decisions when ending your marriage and successfully beginning the next phase of your life. The right matrimonial lawyer can help provide you with…"
- "Does divorce mediation have any advantages over a traditional litigated divorce?"
The first step in protecting your rights during mediation is to assess whether your spouse genuinely wants to participate in the process. In many cases, mediation can greatly reduce the…"
- "I'm worried about how my divorce will affect my financial situation. Should I refinance my home?"
The most common reason for refinancing is to save money. Saving money through refinancing can be achieved in two ways:…"
- "Does divorce mediation have any advantages over a traditional litigated divorce?"
Divorce lawyer and mediator Robert Wayburn answers: "The first step in protecting your rights during mediation is to assess whether your spouse genuinely wants to participate in the process. In many cases, mediation can greatly reduce the disruption and trauma your children will suffer due to your divorce, and each parent can and will become supportive once they realize the overriding importance of their children's well-being. But for mediation to truly work, each spouse has to be willing and committed to listen and give fair consideration to the goals and needs of the other. If this is not the case, you should strongly consider whether it's best to move forward immediately with the litigation..."
- "What should I look for in a divorce attorney?"
Divorce attorney David Wildstein answers: " Choosing the right attorney is one of your most important decisions when ending your marriage and successfully beginning the next phase of your life. The right matrimonial lawyer can help provide you with financial security; the wrong lawyer may lead to the loss of marital assets that are rightfully yours, or may even result in your losing custody of your children.
You need an experienced and concerned attorney to fight for you, guide you through the legal process, and respect your needs. Litigants in divorce cases often change lawyers before the conclusion of their case. Part of the problem is that clients don't always put enough time and effort into selecting their attorneys..."
- "I'm a divorce lawyer representing a client who's having an angry, bitter divorce. I want them to cool it down, but the spouses won't let up with their personal attacks. What's the right course here?"
Family lawyer Mark Chinn answers: "We know that efforts at bridge-building may be met with rebuffs. For example, a man might surprise his wife with flowers and fine wine in an attempt to build a bridge. He is likely to be met with an angry rejection of his gesture and may hear a snide comment like, "You're a little late with that, Buster." But the man must be coached to do it anyway. Of course, he should be warned beforehand about a possible brush-off and coached not to react hastily.
A female client may choose not to sue her husband for divorce on some fault ground, hoping to keep the matter from becoming adversarial. Her husband might, nevertheless, react to the mercy shown him by canceling her credit cards and draining their joint financial accounts..."