INDUSTRY INSIGHT
FAMILY LAW
SPONSORED CONTENT
Answers to
Top 5 Divorce
Questions
Searched on the
Internet
1. HOW DO YOU FILE FOR DIVORCE?
Technically, the action begins with the preparation of a divorce
complaint that gets fi led with the appropriate state court. However,
a person should not impulsively fi le such a document without fi rst
discussing the appropriate strategy with an experienced lawyer
who will analyze your personal needs and decide if, how and when
you would fi le a divorce complaint. There are many legal subtleties
whereby substantial rights may be inadvertently forfeited if the
complaint is not prepared correctly and fi led at the appropriate time.
Once a clear strategy is determined, appropriate action can be taken
to “start” a divorce.
2. HOW MUCH IS THIS GOING TO COST ME?
There is no way to accurately project the cost of a divorce. You can
help manage legal fees by being effi cient. Make good use of time
when communicating with counsel. Make good choices, with advice
of counsel, about what issues you pursue. Unfortunately, the cost of
a divorce is greatly aff ected by how reasonable your spouse is during
the process. Also, hiring a lawyer inexperienced in family law, or one
who is unnecessarily litigious, will inevitably drive up the cost of any
divorce.
3. HOW LONG WILL IT TAKE FOR ME TO GET A
DIVORCE?
If you and your spouse agree to divorce and have worked out
the division of your assets and debts, you can get a divorce 90 days
after service of a divorce complaint. Often, one spouse wants a
divorce but the other contests it for emotional or fi nancial reasons.
The contesting spouse can delay the process for one year from
the parties’ date of separation. Thereafter, it may take another year
or more to get through the court system. However, with good
representation by an experienced lawyer, a resolution of all issues
can be reached and your case settled before a costly trial.
4. WHAT WILL HAPPEN WITH CUSTODY?
You should consult a lawyer before leaving the marital home with
or without your children. If the details of a custody arrangement can
be worked out between the parties, then such can be memorialized
in a custody agreement. If not, the parties will proceed through
a preliminary court process where a custody offi cer will help
negotiate a resolution of the disputed details of custody. If the
details are unresolvable, then the case can proceed to psychological
evaluations. Otherwise, the case will move on to a judge and
ultimately a trial.
5. HOW IS SUPPORT DETERMINED?
The primary consideration for a support analysis is the net income
of each party. Sometimes, determining net income is relatively
straightforward, but such can be more diffi cult in the case of a
business owner, self-employed individual, or professional. When
there is an unemployed or under-employed individual, defi ning
that person’s earning capacity becomes an issue. Once incomes are
defi ned, these fi gures are utilized in specifi c formulas to calculate
spousal and child support obligations.
Your Team: (Front) Shannon Sacca, Esq., Reid Roberts, Esq. (Chair), Chrystal Tinstman, Esq.,
Max Levine, Esq. (Back) Stephanie Kundly, Angela Waxler, Theresa Greco, Tealizalynn Doyle,
Rachel Marcyjanik, Stevie McCorkle, Jwan Allen (not pictured)
FOX CHAPEL AREA
❘
SPRING 2018
7