Frequently Asked Questions
Q: How long does a dissolution of marriage take?
A: One or two weeks from when a signed Marital Settlement Agreement is released or a trial can be set for approximately eight weeks from when the case is ready for trial. The real question is how long it will take in your case to reach an agreement or to prepare the case so it can be set for trial.
Q: What is the process?
A: Each case varies somewhat in that not every step is needed in every case, but generally the steps are as follows:
- Discovery. First we gather the information. This can be supplied by you in a simple case or can be done by way of subpoenas and depositions in a more complicated case.
- Temporary relief. If relief is needed while the case is pending, petitions can be filed for temporary custody, child support, maintenance, restraining orders, exclusive possession of the home or other temporary relief.
- Negotiation. Settlement offers can be made at any stage once the crucial facts are known.
- Pretrial conference. The judge can be included in the settlement negotiations. The judge would make a recommendation as to what he or she thinks is fair.
- Trial. If all attempts to settle fail, ultimately a judge decides.
Q: What is non-marital and marital property?
A: Non-marital property is property owned before the marriage or obtained by way of gift or inheritance plus appreciation and income on nonmarital property. Marital propery is other property owned by the parties.
Q: How is child support calculated?
A: Generally, the non-custodial parent pays a percentage of net (after-tax) income: 20% for one child, 28% for two children, 32% for three children, 40% for four children, 45% for five children, and 50% for six children or more.
Q: How is maintenance calculated?
A: This varies on a case-by-case basis. Factors considered in court include:
- Length of marriage
- Age/health of the parties
- Work history
- Income and assets available
- Whether a party raised children and gave up career
Q: How do I determine what my rights are and what I am entitled to?
A: Each case is different. We offer a half hour free consultation.
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