Frequently Asked Questions

If parents cannot agree on who should be the primary residential parent, a judge will have to decide. Regardless of which parent has primary custody, both parents can have routine contact with their child. They also will share the rights, responsibilities, and joys of child-rearing, as long as it remains in the best interests of the child.

Can we get joint custody?

Joint custody provides that a child live an equal amount of time with each parent. This is not always best for the child, but joint or rotating custody can be awarded in cases in which the child is older or more mature, the parents live close to each other, and the rotation will not impact the child’s schooling. The court may also take into consideration the child’s preferences.

What is shared parental responsibility?

Shared parental responsibility is ordered by the court and dictates that both parents have full parental rights and responsibilities with respect to their child. They also must confer with one another on major decisions affecting their child’s welfare.  Shared parental responsibility is generally is always ordered, when it would not be detrimental to the child’s interests.  In that case, one parent will be granted sole parental responsibility, which gives that parent the right to make decisions regarding the child. 

Can a child’s primary residency be changed from one parent to the other?

Yes, when circumstances have substantially changed, and the child would be better served by a change.

If I have primary residential custody, can I relocate with my child?

A court must determine whether to allow a primary residential parent to relocate with the child, if the move will materially affect the visitation and contact rights of the secondary residential parent. Further, the court will consider how the move will impact the child’s quality of life and visitation arrangements.

How is child support determined?

A state-mandated formula is used to determine child support. The formula bases the support figure on the relative net incomes of the parents and the amount of visitation. This formula can be departed from depending on the child’s age and the parents’ financial status, as well as extraordinary expenses for medical care and education.

Can child support be modified?

Child support can be increased or decreased when unanticipated and involuntary changes occur in the parents’ financial situation.

Who is entitled to spousal maintenance?

A court may grant monthly alimony to either spouse as a temporary or permanent measure. Alimony also may be paid in a lump sum. A court will consider such factors as the marital standard of living, the length of the marriage, the age of the divorcing spouses, their financial picture, each party’s contribution to the marriage, and one spouse requires education or training.

How long does the divorce process take?

It is impossible to tell. Each divorce is unique. Uncontested divorces often resolve quickly, when they remain uncontested through the entire process. If emotions remain in check, the process becomes that much speedier. The availability of the courts is another important factor in the length of the divorce process.

Is trial inevitable?

When possible, it is best to negotiate a fair and reasonable settlement.  A negotiated settlement is more likely to meet the parties,’ objectives than a court-ordered agreement.  Additionally, out-of-court agreements can save money. Highly contentious issues are the biggest obstacles to a negotiated divorce.

What is mediation?

Mediation, sometimes referred to as alternative dispute resolution (ADR), allows resolution of legal conflicts without litigation. Mediation is a cost-effective, efficient way to reach an agreement.  The parties and their attorneys, meet with a trained mediator who attempts to help them reach an agreement. Often, an attempt at mediation is required by family court judges before litigation is permitted to proceed. A mediator tries to facilitate an agreement, without forcing either party to agree. Even when a final agreement is not achieved through mediation, it still may be possible to come to terms before an expensive court hearing. 

How do I begin?

Our law firm can handle your inquiries and get the process started. Contact us via phone or email to speak with a committed family law attorney.