How quickly can I get divorced?
The absolute bare minimum is 60 days. And that is if you do not have children.
If you do have children, there is a 180 day minimum. Some judges under compelling circumstances will reduce that waiting period to 60 days as well.
How long does the typical divorce process take?
This depends on how much you and your spouse can agree on issues. The typical divorce without children takes 3 – 4 months. With children, the process can last 8 months to upwards of one year.
Does it matter who files first?
The answer to this question is almost always no. Judges are not paying attention to who filed first. They care about the facts of the case such as how long is your marriage, how much value do your assets have, who has bonded closer with the children, etc. There isn’t a race to the courthouse. Our Judges want to do what is right for your children and family.
is the Court system biased against men?
In short, the answer is no. All of our Judges place a high value in a child having two active parents and developing a strong bond.
However, many men have been absent from their children’s lives for far too long. The Court is not going to change the environment the kids are used to absent compelling circumstances.
What if the children's mother is the reason I have not seen the children in a long time?
The Court expects you to file for parenting time as soon as you are being deprived from seeing your kids. If you have sat idly by for months or even years, the Court will develop a structured and phased in parenting time plan for you. But don’t expect to get “50/50” after not being involved.
I am the victim of domestic abuse by my child’s parent, can I move out of state? How do I protect my children?
Our courts are very sensitive to domestic violence. The Uniform Child Custody Jurisdiction and Enforcement Act lays out various remedies from parents who are the victim’s of domestic violence.
Additionally, domestic violence, whether witnessed by the child or not, is a factor the state legislature has determined that all judges must evaluate when determining custody actions.
My ex keeps taking me to court. How can I stop this?
Not much. Court’s maintain jurisdiction over all family law cases. However, if they see your ex is a “frequent flyer” – they likely will begin to raise a suspicious eye in their direction.
If I get 50/50 time with my kids, I don't have to pay child support, right?
Not always. Child support is based on the Uniform Child Support Formula. While overnights each parent has with the children are a significant factor in determining support, so is the income the parents make. Also factored in are health care expenses of the parents and day care costs when the children are still young.
Parents should focus on developing the schedule that makes the most sense for the children than simply posturing for equal time for child support purposes.
How can I fight my ex from touching my retirement?
They are going to touch it. State law requires courts to divide retirement accounts evenly based on what was earned during the time people are married. This is typically done by way of a Qualified Domestic Relations Order (QDRO). Unless your soon to be ex spouse consents to waiving their interest in your retirement, this is a fight not worth your time or money.
If I get 50/50 time with my kids, I don't have to pay child support, right?
Not always. Child support is based on the Uniform Child Support Formula. While overnights each parent has with the children are a significant factor in determining support, so is the income the parents make. Also factored in are health care expenses of the parents and day care costs when the children are still young.
Parents should focus on developing the schedule that makes the most sense for the children than simply posturing for equal time for child support purposes.
