Frequently Asked Questions
FAQs For PROCESSES
What divorce process options do you offer?
We offer a range of divorce resolution options including mediation, collaborative law, do-it-yourself (DIY), and traditional litigation, tailored to your unique situation and goals.
How do I decide which divorce process is right for me?
We help you evaluate factors like communication with your spouse, complexity of your case, budget, and emotional readiness to choose the process that fits your needs.
What happens during the initial consultation?
We discuss your situation, explain your options, answer questions, and outline a clear roadmap for the next steps.
How long does the divorce mediation process usually take?
Mediation length varies but typically ranges from a few weeks to a months, depending on complexity and cooperation.
Can I switch my divorce process if I change my mind?
Yes. You can change your process at any point if your needs or preferences evolve.
What is the role of an attorney in your mediation process?
You may work with your own attorney or we can recommend attorneys at any point in the process.
Do I need to hire an attorney if I work with you?
Not necessarily. Many clients proceed without attorneys or hire limited-scope legal help to save costs while maintaining strong legal protections.
How do you manage communication between me and my spouse during the process?
We facilitate clear, respectful communication and provide tools to keep discussions productive and focused on resolution.
What happens if my spouse is uncooperative or reluctant?
We have experience managing reluctant spouses and can guide you on strategies to keep the process moving forward.
Do you handle the filing of divorce paperwork?
We can assist with preparing paperwork, but clients often file themselves or with limited attorney help to reduce costs.
Can I include a name change as part of my divorce? How does that work?
Yes. You can request a name change in your divorce documents, and once finalized, you’ll need to update your identification and records accordingly.
What support do you provide after the divorce is finalized?
We offer post-divorce checklists, assistance with implementing agreements, and referrals to professionals for ongoing support.
How do you keep emotions under control during mediation?
Our process includes emotional support through professional referrals and practical tools to maintain focus on resolution.
What if I want to do part of the process myself (DIY)?
We support DIY divorces by providing guidance, checklists, and limited-scope legal referrals to help you navigate the process.
What happens if mediation doesn’t resolve everything?
We can recommend next steps such as collaborative law, arbitration, or litigation if needed.
FAQs For ASSETS & LIABILITIES
How do you help with dividing marital assets and debts?
We create a detailed balance sheet listing all assets and debts, then help you negotiate fair division based on your priorities and legal framework.
What is a balance sheet and why is it important in divorce?
A balance sheet is a comprehensive inventory of assets and liabilities that forms the foundation for fair property division considering financial and tax implactions.
How are retirement accounts divided in divorce?
Employer accounts typicall need to be divided by Qualified Domentic Relations Order while Indiviual Ira accounts can typically be divied with divorce decree.
What is a QDRO and when is it needed?
A QDRO is a legal order needed to divide certain employer-sponsored retirement plans like 401(k)s or pensions in divorce.
How are real estate properties handled during divorce?
We guide you with title transfers, mortgage refinancing, or sales in line with your divorce agreement.
How do you value businesses or professional practices?
We evaluate tangible assets like equipment and use income-based methods for service businesses to determine equitable division. Sometimes we can take a macro approach to this and other time we may need to bring in qualified valuation expert. These indiual tend to charge much less for mediation and Collaborative Process because they do not need to prepare for court.
Can frequent flyer miles or reward points be divided?
Yes, though policies vary; they can be split, compensated for, or awarded with offsetting adjustments elsewhere.
How are credit card debts divided between spouses?
Debts are allocated according to the agreement, and we recommend removing names from accounts no longer your responsibility. We typically advise clients to this strategically because these changes will affect your credit score.
How do you handle division of bank and investment accounts?
We facilitate in-kind transfers or cash-out arrangements to divide funds without unnecessary tax impact.
What happens if my ex-spouse refuses to cooperate with asset division?
We can guide you on enforcement options and legal remedies to ensure compliance with court orders.
Are there tax implications to consider when dividing assets?
Yes, tax consequences vary by asset type; we recommend consulting a tax professional for personalized advice.
How does property division affect my monthly expenses post-divorce?
Who keeps what assets directly impacts your household budget and cash flow moving forward.
FAQs For CASH FLOW & SUPPORT
What is cash flow analysis and why is it important?
Cash flow analysis evaluates your income and expenses to determine if support is needed and to plan sustainable post-divorce budgets.
How do you help create a realistic post-divorce budget?
We gather historical data, research future costs, and consider your standard of living to build a future-focused budget.
What happens if my expenses change after we finalize the budget?
You are encouraged to plan for unexpected expenses, but most agreements expect you to manage normal variances independently.
How is child support calculated?
Child support is based on both parents’ incomes, parenting time, and children’s needs, often guided by state formulas.
What is spousal support and how is it determined?
Spousal support compensates for income disparities post-divorce, considering factors like marriage length and earning capacities.
Can spousal support be bought out in a lump sum? What are the pros and cons?
Yes, lump sum buyouts provide closure but require careful financial planning to ensure long-term stability.
What are direct payments of expenses and how do they work?
Direct payments assign specific expenses (housing, childcare, medical) to one spouse, offering transparency and tailored support.
How do you coordinate child support, spousal support, and direct expenses?
We integrate support types to avoid duplication and ensure fair, manageable financial obligations.
What if I work part-time or have variable income? How does that affect support?
Income can be imputed based on full-time earnings, if necessary, but arrangements are tailored to your situation. Many times we might average historical annual income or adjust for future changes.
Is life insurance required to secure support obligations?
Often, yes. Life insurance protects recipients in case of the paying spouse’s death.
Can child support or spousal support be modified after divorce?
In most cases support can be adjusted if there are significant changes in income, expenses, or parenting arrangements. Spousal support can have some other considerations in some states.
What if one spouse earns significantly more now than at the time of divorce?
Support may be recalculated if initial amounts don’t meet reasonable needs. Sometimes we pre plan for reductions or increases in support depending on your goals.
How do pre-tax deductions impact cash flow calculations?
To avoid double counting, pre-tax benefits are accounted for either as income deductions or expenses, not both.
FAQs For PARENTING & COMMUNICATION
How do you help parents create effective parenting plans?
We facilitate agreements on schedules, decision-making, and communication to prioritize children’s stability and well-being.
What if our parenting plan doesn’t address vacations or travel?
You should mutually agree on vacation plans in advance to avoid conflicts, or follow local laws if applicable.
How should we handle changes in parenting time or schedules?
Open communication and flexibility are encouraged, with adjustments documented as needed.
How can we manage joint decision-making when one parent has more expertise?
The knowledgeable parent can take the lead while both parents stay involved in major decisions.
What if I’m concerned about my co-parent’s substance use during their parenting time?
Document incidents and seek legal or professional intervention to protect your children’s safety.
How do we communicate about our children without putting them in the middle of conflicts?
Keep discussions child-focused, avoid blaming, and never use children as messengers.
What happens if both parents are unavailable when the child gets sick?
Establish a contingency plan with trusted emergency contacts in your parenting plan.
How can we ensure our children maintain relationships with both parents?
Maintain regular, reasonable communication and visitation consistent with the parenting plan.
What should we do if one parent relocates far away?
Discuss travel arrangements and costs collaboratively, focusing on the children’s best interests.
How do we agree on consequences for the children that are consistent across both homes?
Create shared disciplinary guidelines and communicate openly to provide consistency.
Can children be involved in educational decisions without being put in the middle?
Yes, by encouraging open dialogue and respecting the children’s comfort, while making final decisions collaboratively.
FAQs For GENERAL QUESTIONS
How do I update my name and documents after divorce?
Once your divorce decree includes a name change, you’ll need to update your ID, Social Security, bank accounts, and other records systematically.
What professional support do you provide or recommend during the divorce?
We offer case management connecting you to attorneys, financial planners, valuation experts, mental health professionals, and mortgage specialists.
How do you ensure privacy and confidentiality in the mediation process?
All discussions are confidential, and we maintain strict privacy protocols to protect your information.
What if I don’t understand the legal jargon or process?
We explain everything clearly, provide resources, and can connect you with experts to help.
How do you handle safety concerns or power imbalances during mediation?
We prioritize safety and fairness, recommending specialized professionals and protective measures as needed.
What if my spouse doesn’t want a divorce? Can I still file?
Yes, you can file unilaterally, though cooperation often speeds the process.