QUESTIONS YOU MAY HAVE ABOUT YOUR CASE
Recently, the American Bar Association Section of Family Law compiled a list of frequently asked questions about divorce. A list of 100 questions appears below. The answers to these questions often depend on the unique facts and circumstances of each case. A review of these questions may help you better focus on issues to be discussed with your attorney. We invite you to consult this list prior to your initial consultation with a member of our firm.
1. Can I stop the divorce?
2. Can one lawyer represent both of us?
3. Should I hire a private detective?
4. How long will the divorce take?
5. Should I move out of the house?
6. Can I read my spouse's mail/e-mail or tape our telephone conversation?
7. How do I prove that my spouse is hiding cash?
8. Can I continue to use my credit cards?
9. Can I change the locks on the house?
10. What about wedding gifts?
11. Will my spouse be required to return to work?
12. What about my "prenup?"
13. Can I change the judge?
14. What should I wear to court?
15. Can I make my spouse sign a joint tax return?
16. What if I don't show up in court?
17. Why do I have to pay, I did not want the divorce?
18. Does the loser have to pay the winner's fees?
19. How much will my case cost?
20. Who will pay my legal fees?
21. When can I date?
22. Can I have a "significant other" sleep over?
23. Can I have my spouse tested for sexually transmitted diseases?
24. My spouse has been abusive, does that matter in the divorce?
25. Can my therapy sessions, counseling, or antidepressants be used against me?
26. Can my parents or friends move in during the divorce?
27. Does it matter that I drink?
28. Can friends testify?
29. Can I have my spouse tested for drugs?
30. Does sexual orientation matter?
31. Can the other side access my medical records?
32. I don't want my spouse to have my last name anymore. Can I make her change her name?
33. Can I force my spouse to undergo counseling to save our marriage?
34. What is mediation?
35. What is arbitration?
36. Do the wishes of a child have any effect on custody decisions?
37. Do I really have to discuss every detail about the kids with my ex?
38. How do I show that I have been the primary caretaker of our child?
39. What are some common visitation arrangements?
40. What about access to grandchildren?
41. What is domestic violence?
42. How do I get a protective order?
43. What if the violence occurs when the courts are not open?
44. Who decides how much child support I pay?
45. What are child support guidelines?
46. How will I know if the guidelines apply to my case?
47. If I give up my visitation rights, can I stop paying support?
48. The kids don't want to see me. Can I stop paying?
49. The kids are with me for the summer. Can I stop paying for those months?
50. Can I make the other parent pay for college?
51. Who pays for extra activities and how?
52. When will child support end?
53. Does my spouse's remarriage affect child support?
54. Who will pay for private schools or the bar mitzvah or religious studies?
55. What is alimony?
56. How long will I pay alimony?
57. How much will I pay?
58. Can the amount of alimony be changed?
59. Do I qualify for alimony?
60. Can payments be reduced if my ex (the payor) remarries or has more children?
61. Can payments be reduced if I (the recipient) remarry?
62. What happens if the payor dies?
63. What happens if the alimony recipient dies?
64. Is alimony dischargeable in bankruptcy?
65. When does property get divided?
66. What property gets divided?
67. What about an inheritance?
68. Can I get half of my spouse's retirement?
69. Can I get back the money my parents gave us?
70. Can I empty the bank account?
71. Can my spouse make me sell the house?
72. Does the custodial parent always get the house?
73. Can credit cards be cut off?
74. How can I figure the "equity" in our home to buy out my husband's share of the house?
75. Must I pay the balance on my spouse's car lease?
76. Can I make my spouse buy me a new car because I drive the kids around and my car is shot?
77. How can I get my name off the mortgage, credit cards, or car loan?
78. My parents loaned us money. Who must repay it?
79. If my spouse or former spouse goes bankrupt, am I responsible for joint debts?
80. What happens if I, or my ex-spouse, gets transferred or offered a job in another city?
81. Must I notify my ex-spouse before I move?
82. How far is too far?
83. How does relocation affect child support?
84. Can I collect on my spouse's Social Security?
85. How does remarriage affect my right to Social Security benefits?
86. My spouse has health insurance provided without cost for life. Can I be covered?
87. My spouse is still working. When we divorce, will I have health insurance?
88. Can I retire, as planned, at age 60? My wife is divorcing me and wants me to continue to work to pay her alimony.
89. Should I keep the house in the divorce settlement?
90. Can I be required by the court to file a joint income tax return with my spouse?
91. Can I deduct all fees paid to my attorney in my divorce?
92. Can I deduct alimony payments to my spouse?
93. May I take the dependency exemption for the children?
94. If I transfer property to my spouse as part of the distribution of assets, will there be tax consequences to either of us at the time of the transfer?
95. Can I start a new business?
96. What happens if I disagree with the court¿s decision?
97. Can I make my spouse give me a religious divorce or enforce a religious marriage contract?
98. Can I buy a life insurance policy on my ex after the divorce?
99. Can I retire or quit my job?
100. Can I change my will? |