Frequently Asked Questions

If parents disagree about who should be designated as the primary residential parent, the courts will have to decide. No matter  which parent becomes the primary residential parent, both parents can enjoy regular and continuing contact with their children, and share the rights, responsibilities, and joys of child-rearing, as long as it is in the best interests of the child.

What is shared parental responsibility?

Shared parental responsibility gives both parents  full parental rights and responsibilities with respect to their child. It requires parents to  confer with each other so that major decisions affecting the welfare of their child will be determined jointly.  Shared parental responsibility is almost always ordered, unless it would be detrimental to the best interests of the child.  In that case, one parent will be granted sole parental responsibility, or sole custody, which means he or she will make decisions regarding the child. 

What is joint custody?

Joint custody is when a child lives equally with each parent. While not always in the best interest of the child, joint or rotating custody might be awarded in cases in which the child is older or more mature, the parents live close to each other, and the rotation will not impact the child’s schooling. The child may have a say in whether joint custody is granted.

When can a child’s primary residency  be changed from one parent to the other?

When circumstances have substantially changed, and the child would be best served by the switch, primary residency can be altered. 

Can the primary residential parent move with the child to another area?

When the primary residential parent wants to relocate,, and the relocation will materially affect the visitation and contact rights of the secondary residential parent, the court must approve the relocation. The court will consider how the move will impact the child’s quality of life and continued visitation.

How is child support calculated?

Child support is largely determined by a state-mandated formula based on the relative net incomes of the parents and the amount of visitation. Departures from the guidelines can be made based on the child’s age and the parents’ economic status, as well as extraordinary expenses for medical care and education.

Can child support be modified?

Increasing or decreasing child support must be based upon an unanticipated and involuntary change in the parents’ financial circumstances.

What is spousal maintenance?

The court may grant alimony to either spouse as a temporary or permanent measure or in a lump sum, depending on several factors. Some factors the court will consider are the marital standard of living, the length of the marriage, the parties’ ages , their financial resources, each party’s contribution to the marriage, and whether additional education or training will be required.

How long will my divorce take?

No one knows for certain how much time it will take in any given case. Uncontested divorces usually resolve quickly. But uncontested divorces can quickly turn contentious. Longer negotiations can result. If emotions can be tamed for the sake of resolution, the process becomes much speedier. The availability of the courts is another factor in the length of the divorce process.

Can we avoid a trial?

It is always best to try to work out a fair and reasonable settlement.  A negotiated agreement that meets the objectives of the parties is much more desirable than one devised by the courts. Settlement without litigation also saves clients money. However, sometimes trials are necessary to resolve highly contentious issues.

What is mediation?

Mediation, also called alternative dispute resolution (ADR), is a means of resolving legal conflicts without litigation. Litigation is not always the best option. Mediation allows the parties and  their attorneys to meet with a trained mediator who attempts to help the parties reach an agreement. Most family courts will require an attempt at mediation before bringing the matter to court for a hearing.  A mediator tries to facilitate an agreement, but does not force either party to agree. If it is not possible to mediate an agreement, it still may be possible to come to terms before an expensive court hearing. 

How do I get started?

Contact our highly qualified attorneys at our law firm via phone or email