Divorce FAQs
The most common questions you’re wondering about divorce
Here at FFL, we get a lot of questions from our clients, so we’d like to answer the ones that we get most often!
Q: How much does it cost to get divorced?
A: Mediation and uncontested divorces are the most affordable ways to get divorced, so they are certainly worth exploring to see if your situation would be a good fit for these options. However, not all divorces can be settled amicably from the outset. If you file a contested divorce (which still could be settled later in the process), a realistic ballpark range for expected costs is somewhere in the realm of $10,000 to $15,000. Cases with extensive discovery and/or significant contested issues can easily translate to $30,000, $40,000, or more in attorney’s fees before trial. To learn more nuanced information, check out the blog that we have dedicated to this question.
Q: How long does it take to get divorced?
A: We’ve had cases resolve in a matter of weeks to over three years (although, the latter is rare). The majority of cases settle somewhere in the 12-18 months range. As a general rule of thumb, marriages of a shorter duration, in which the parties do not have substantial assets, or share children in common, can generally settle in a shorter time period. Long-term relationships and marriages with complex financial assets or contested child custody issues may take longer to resolve.
Q: How do I prepare for court?
A: You’ll want to clear your schedule for the day, arrive at court on time, and dress like you are attending an important job interview. Also, try to regulate your nervous system and bring any and all documents that your counsel or the court has asked you to provide. Get a full list of the dos and don’ts here!
Q: What happens to the marital home?
A: If one party is interested in remaining in the home, the parties can either agree upon a fair market value for the home, have a joint appraisal conducted, or have individual appraisals conducted. Try to get a joint appraisal, if possible, as it avoids a “battle of the experts” where you end up with 2 different appraisals with wildly different values. Once the property is valued, you deduct any mortgages/HELOCs/liens on the house to determine how much equity there is. If the parties intend to have a 50/50 split of marital assets, then the person who wants to remain in the home would divide this number in half to determine the approximate amount to buy-out their spouse’s interest in the home. For information on further scenarios, check out our blog on this topic!
Q: What’s the difference between mediation and divorce?
A: When most people think of divorce, a negative image of airing your dirty laundry in court and having a judge make the decisions comes to mind. This is the traditional litigation route. However, some parties opt to settle their agreements outside of court in a private process called mediation. In mediation, the parties (and sometimes, their attorneys) meet with a neutral third- party facilitator called a mediator to discuss and come to agreements on all issues in the case. The parties can engage in mediation prior to filing a divorce case in court and/or after. At Foundations Family Law, we offer legal representation for clients who are engaged in the mediation process as well as mediation services where we act at the third-party neutral in the case.
Q: Should I tell my ex that they are getting served?
A: This depends on the circumstances of each case. In some situations, giving your partner a heads-up that they will be served can be advisable so that s/he isn’t blindsided by the filing and you can communicate from the start that you are seeking an amicable resolution. It can help set the tone of the divorce to be collaborative as opposed to adversarial. However, in other situations, if there is a history of domestic violence or concerns about a partner draining bank accounts, etc., it may be preferable to not tip off your ex that service is imminent. You should consult with an attorney to get advice specific to your unique family dynamics.
If you have more questions, you can get started by scheduling a free discovery call with our Office Liaison!