Here are some questions that we are frequently asked in one form or another. There are always variations so be sure to ask us about any specific details that may apply to your case but these answers should give you a good head start. 

1.        How long will my divorce take if I use your service?

It depends on how quickly you return to us the signed documents that we need to file for your divorce and the judges schedule.  We usually can have you divorced within 30 days of receiving your signed documents.  Typically, everything can be done in less than 45 days if you have an agreement with your spouse and no special circumstances arise.

2.         If my spouse agrees to take me off joint loans such as a mortgage, car lease or loan am I protected from liability on those loans?

The problem is the bank may not release you from those loans.  If your spouse continues to make the payments, no problem.  But if your spouse stops paying the loan, the bank can hold you responsible even with your agreement with your spouse.  You can get an indemnification agreement from your spouse, but you technically still owe the bank and would have to go into court to fight your spouse if the lender came after you. 

Are there safer ways against being held responsible for the loan and possibly having it hurt your credit?  The only way to be safe is to have your spouse pay off the loan by sale of the property at issue, with cash or through refinancing.  In today’s economic environment, refinancing may be difficult, but you should consult with your bank to see if you can refinance the property with your spouse. 

3.         What if my spouse agrees to waive my obligation to pay child support? 

The law is child support is the right of the minor children of the marriage and can’t be waived by either parent. There have been very rare instances where one parent agreed to pay the child support obligation of the other parent, but if that parent ever fails to do so you’re not off the hook. Child support is a very tender subject to the courts.  As a general rule, you cannot waive child support.  If this situation applies to you, call us to speak with one of attorneys or seek the advice of another lawyer.

4.         I want a divorce but I don’t want to appear in  court.  Do I have to?

It depends on the judge and how the judge in your case usually handles these cases.  If the judge wants a final hearing, then you will have to appear briefly. We will have an attorney prepare you and accompany you at the hearing.  In other instances, the judge will sign the final divorce papers without a final hearing in which case you are off the hook and don’t need to appear.  One thing you don’t need to be concerned about is your spouse’s required appearance. only the petitioning spouse needs to appear at the final hearing, so you can ask your spouse not to go and our office will send your spouse the paperwork finalizing the divorce.

5.         I have read through the website and don’t think that I can get an uncontested divorce.  Can you still help me?

Definitely.  First, we recommend that you call or email us to discuss your case.  You may be able to obtain an uncontested divorce with our help.  If not, we have a referral network of family law attorneys.  We are happy to refer you to an attorney who can help.

 6.         How much are the Court's filing fees?

Below you will the filing fees for cases dealing with Family Law.