Family Law

Family Law FAQs

1. What’s the difference between dissolution and divorce?
   
   1. Both dissolution and divorce are methods to terminate an existing marriage. The key difference between the two processes is that the parties must reach an agreement prior to filing the case in dissolution. Dissolution cases are generally much less expensive and typically take less than four (4) months once the case is filed. A divorce is more common in matters involving disputes over child custody, spousal support, child support, property division, and more. An average divorce takes approximately 6-12 months.
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2. How long does spousal support last?
   
   1. Spousal support, formerly referred to as alimony, is not available in all domestic relations cases. For longer marriages (over 6 years), a typical spousal support order will last for about ⅓ the length of the marriage.
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3. How do I pay child support?
   
   1. One party is deemed the obligor. The obligor will generally begin paying child support within the first few months following the filing of a divorce case. Such child support orders are initially enforced via Temporary Orders and are later adjusted or confirmed with a Judgment Entry. Child support is typically paid through an automatic wage withholding, set up in advance with one’s employer.
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4. Do you have any interest in the marital home?
   
   1. Many people are surprised to know that they have an interest in the marital home, regardless of whether or not they are on the deed. Marital homes acquired during the marriage are treated differently than ones purchased beforehand with separate funds. It is always a good ideas to know the following about your marital home: mortgage company name, mortgage pay off, home fair market value, monthly mortgage payment amount.
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5. Who gets custody of the pets?
   
   1. Pets are not treated the same as children. Pets are treated as personal property and are included in the property division process. Be sure to know whether pets are allowed at your new residence. Some parties decide to share pets post marriage.
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6. Will I lose my retirement?
   
1. In many cases, retirement accounts are equalized between the parties. You will want to get a retirement account statement covering the date of marriage as well as a recent retirement account statement. The marital portion of one’s retirement account runs concurrent to the length of the marriage. Once the marital portion of retirement is calculated, it is equalized and distributed through a process known as QDRO. Is is not uncommon to incur a QDRO fee when going through the process.