Frequently Asked Questions About Divorce
- "Is it all right to date or have a sexual relationship with my lawyer?"
Family-law attorney Robert Burg answers: "In family law, there is something called 'the appearance of impropriety'. This means that nothing should occur that could be seen by a third party as looking improper. Having a relationship on anything more than a professional level certainly fits within this category. Some states -- including New Jersey and New York -- have specifically prohibited matrimonial attorneys and their clients from dating.
However, there is an even more basic concern that each party must have: objectivity. Anyone who has ever dated is a painfully aware of the emotional roller-coaster ride that is part and parcel of any relationship. Even assuming that both of you are willing to brave the reprisals that accompany such improper and unprofessional behavior, the risk of making an error in judgment based upon personal feelings will be ever-present..."
- "What exactly do divorce decrees cover, as far as liabilities for existing debts are concerned?"
Mutual mortgage consultant Conni Murphy answers: "If you are divorcing your spouse, pay special attention to credit accounts held jointly, including mortgage, home equity loans and credit cards. Refinancing (paying off the joint mortgage) is the only way to get off of the mortgage loan. In conjunction with a divorce, ask creditors to close any joint accounts. Try to convert or reopen these in individual accounts. A joint account means both spouses are legally responsible to the creditor for the account. This is true even if a divorce decree makes one spouse responsible to the other for paying off the joint account (since creditors are not party to this agreement)..."
- "What is a Certified Divorce Financial Analyst, and how can one help me in my settlement negotiations with my spouse?"
CDFA and financial planner Edward Papier answers: "The financial issues inherent to every divorce case are frequently the ones most overlooked. However, once a divorce settlement is signed, it's often too late. How much is it going to cost to live post-divorce? Is my spouse offering enough to support this income need? How can retirement accounts be split and the money accessed? What about the value of my spouse's business? What is the value of health care benefits? Most importantly, will I be able to survive financially with the settlement post-divorce?..."