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FAQs

Frequently Asked Questions

Q:

Do I need an attorney to file a divorce?

A:

No. It is perfectly fine for you to go through divorce proceedings without retaining an attorney. However, we strongly suggest that you DO have an attorney on your side. Divorce law can be difficult to understand and an attorney can help you defend your rights. Especially if this is a high net worth divorce, or there are children involved, we recommend the counsel of an attorney.

Q:

Do I have to pay child support?

A:

Yes. You will have to pay child support until your child has turned 18 years old. This includes if you move out of state. You must maintain your legal duty in fulfilling your role as a parent even if your visitation rights have been taken away or the other parent has violated them. Legally, a court does not need to modify child support if a parent violates visitation rights, but you may file for a modification.

Q:

Can I maintain custody of my children?

A:

It is possible to maintain custody of your minor child. Various court systems and judges will be looking for specific issues to make sure that you are the right parent to have custody of the child. The child's best interests are always considered first. If you have a full-time job, stability in your household and can prove that you are a responsible parent, you may be granted custody. Custody can be primary or split. If you are not granted support, you may have to pay child support to your ex-spouse.

Q:

Will I need to pay spousal support?

A:

Paying spousal support depends on a few factors. Spousal support, also known as alimony, is paid to an ex-spouse when the ex is accustomed to living a certain way while in the marriage. If you make a significant amount of money more than your ex, and their sole purpose was to stay home and maintain a large house and family, you may have to pay alimony to them. Spousal support is a sensitive issue, because although the marriage has ended, you may still have to pay financial aid to your ex-spouse.

Q:

How often will I get to see my children?

A:

How often you are allowed visitation rights depends on custody. If you are granted primary custody of your children, you will see them almost every day. If you are in a joint custody situation, you may only see them a few times a week, on weekends or even just holidays and a few times a year.

Q:

I want to move, how will this affect my divorce?

A:

Moving out of state or away from a city where you are paying alimony or in a joint custody case can be tricky. If you are not the primary caregiver of your children, you will still have to pay child support to the other parent. Modifications can be made to your ruling, but an attorney should assist you in doing so. If you are considering moving and are paying alimony or support, contact an attorney first.

Q:

How do I maintain my rights as a father?

A:

Maintaining rights as a father can be hard. Most of the time, it is the mother who is granted custody regardless if you are a more fit parent. Contacting an attorney who understands all the laws governing father's rights can greatly help your case. You should be allowed visitation and custody of your children. Do not let your rights be taken away!