Family Law FAQs
1. What kinds of Family Law issues do you handle?
- I handle Marriage Dissolutions, Spousal Maintenance, Parenting Plans, Child Support, Visitation, and Custody issues. I also handle adoptions and pre- and post-nuptial agreements.
2. Do I need an attorney to represent me?
- Yes, because no matter what kind of Family Law action you are pursuing, the whole process is very complicated, difficult, and long. You most likely will not know the who, what, when, where, and how of the numerous tasks that will need to be done.
- There are (a) several types of forms that will need to be completed; (b) jurisdictional issues that must be analyzed; and (c) timelines that must be followed. Also, Family Law actions are very emotional so you will want and need a dispassionate and experienced attorney who can help you with all of these issues and the inevitable frustration.
3. How and when do I have to pay my attorney?
- An attorney is required to charge a client on an hourly basis in Family Law actions. Typically, an attorney will require that a retainer be paid by the client upon signing of the engagement contract and commencement of work on the matter. As the matter progresses, the attorney will draw his/her compensation and costs/expenses from this retainer.
- When the balance of retainer lowers to a certain level, then the client will be required to pay additional funds into the retainer up to a certain minimum so that work on the matter can continue.
- At the end of the matter, the attorney will charge for any fees and costs/expenses that have not been paid up. If there is any of the retainer still remaining, then it is refunded to the client.
4. When should I get an attorney?
- As soon as possible because the more time that an attorney has to handle your matter, then the greater the chances of success.
5. In the typical marriage dissolution matter (divorce), what issues will I be facing?
- The dissolution of the marriage itself would involve division of the marital assets between the parties and spousal maintenance. If there are children involved, then there will be additional issues of parenting plans, custody, visitation, child support, and tax exemption status. Other issues may come up too.
6. If I file a legal action and the other party responds, what happens next?
- Steps will be taken to prepare for trial. This is a very involved and time-consuming process. It is possible that a settlement can be reached between the parties which would avoid the need to go to trial.
7. If I file a legal action and the other party does not respond, what happens next?
- You can get (a) a default against the other party and (b) appropriate Orders signed by the judge.
8. Can I get Restraint and Protection Orders from the Court?
- Yes, for both you and/or your children.
You Need An Experienced Attorney On Your Side