Questions & Answers


What is the difference between legal separation and divorce?

Legal separation allows a couple to live apart while remaining legally married. It can address issues like child custody, support, and property division without ending the marriage. Divorce, on the other hand, legally ends the marriage and includes a final division of assets and responsibilities.

Do I need an attorney if I choose mediation?

While an attorney is not required, it is highly recommended. They can help you prepare for mediation, review any agreements to ensure your interests are protected, and provide legal advice tailored to your situation.

What is mediation, and how does it differ from going to court?

Mediation is a confidential process where a neutral third party (the mediator) helps disputing parties reach a mutually agreeable resolution. Unlike court proceedings, mediation is less formal, often quicker, and focuses on collaboration rather than adversarial arguments. Agreements reached in mediation can be submitted to the court for approval to become legally binding.

How can I protect my assets during a divorce?

To protect your assets, consult a family law attorney to understand your rights. Actions like documenting your financial situation, closing joint accounts, and negotiating a fair division of assets are critical. Some states follow equitable distribution, while others adhere to community property laws, which can affect how assets are divided.

What factors are considered when calculating child support?

Child support is usually based on the income of both parents, the needs of the child (such as education and healthcare), and the amount of time the child spends with each parent. State-specific guidelines also play a role.

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