Common Questions About Family Law
Our attorneys recognize that family matters can be complex, but we work hard to ensure that you and your family have as smooth of a transition as possible.
Below are a few questions we commonly hear from our clients:
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How Much Will My Divorce Cost?
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Typically, divorce attorneys require an initial retainer against which they bill for their services at their respective hourly rates. The client is responsible for payment of any legal services that exceed that initial retainer.
Since a divorce can be finalized once the parties have entered in a written agreement, the cost of a divorce is almost always dependent upon how quickly (and amicably) the parties enter into that agreement. The longer it takes for the parties to reach an agreement, the more expensive the divorce will be.
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How Long Will My Divorce Take?
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The length of time for a divorce depends upon how quickly each party can enter into a written agreement resolving all outstanding issues between them. Once each party has signed the agreement, the divorce can proceed. If the parties cannot agree upon a resolution to those issues, the Court will conduct a trial.
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Once A Court Issues A Child Support Order, Can The Amount Of Support That Is Paid Be Changed?
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The amount of child support is modifiable under certain circumstances and through a variety of methods. The simplest method is for the parents to agree to a change, but the court must still approve an agreed-upon change in order for it to be enforceable.
When there is no voluntary agreement, the party seeking the change must request a court hearing at which each side will present the reasons supporting and opposing the modification. The court usually will not grant the request unless there has been some fairly significant change in circumstances that justifies the change, such as a significant increase in either parent’s income through a remarriage, a job change, or a substantial change in the needs of the child. Changes in child support laws may also justify a change in previously issued orders.
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How Is Child Custody Determined?
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Child custody and parenting time issues are always determined based upon the best interest of the child. Custody and parenting time arrangements can be modified at any time if there is a change in circumstances involving either party and/or the child.
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Can My Ex-Spouse Be Forced To Pay For Some Or All Of My Child’S College-Related Expenses?
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Most educational expense issues for child support are addressed during the divorce process. However, when there is no agreement in place, the obligation of the divorced parents to pay for their child’s college-related expenses will depend upon the state.
In Pennsylvania, a child is deemed emancipated once he/she has turned 18 and has graduated from high school. Once a child is emancipated, there are no further support obligations imposed upon either parent.
In New Jersey, a child is not deemed emancipated upon his/her graduation and his/her 18th birthday if that child continues his/her schooling beyond high school. Under New Jersey law, if a child is not yet emancipated, the Court can award child support to a parent that may compel the parties to contribute to that child’s post-secondary education expenses.
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What Is The Purpose Of Alimony?
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Alimony is a form of support paid by one spouse to the other when there is a discrepancy in the parties’ respective incomes. There are many factors taken into account by the Court when determining alimony. Therefore, it is advisable to consult with an attorney regarding potential alimony obligations that may come with your divorce.
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Why Would I Need A Prenuptial Agreement?
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Typically, parties enter into a Prenuptial Agreement in order for one or both of the parties to protect pre-martial assets and/or make a pre-determination regarding support and maintenance of each party in the event of a divorce.
In a Prenuptial Agreement, there must be full and complete financial disclosure between the parties, and each party should have his or her own attorney review and evaluate the terms of the agreement before it is signed.
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- If you have further questions regarding family law matters, please do not hesitate to contact our attorneys. We will assist you in any way that we can.