Family Law

The court is going to consider the best interests of the child. In making their determination, the court will weigh the following 16 factors: (1) Each parent's willingness to allow the child to maintain a relationship with the other; (2) history of child abuse; (3) the parental duties of each parent; (4) stability for the child; (5) availability of other family members; (6) the child's relationship with their siblings; (7) the child's well-reasoned preference; (8) any attempts to alienate the other parent; (9) the parent's ability to meet the child's emotional needs; (10) whether one parent is better able to meet the child's daily needs; (11) the geographic proximity of the households; (12) the parent's ability to provide child care; (13) any continuing conflict between the parents; (14) any history of parental substance abuse; (15) any physical or mental condition that would impact the parent's ability to care for the child; (16) any other relevant factor. Notably, there is no presumption based on the parent's gender.  

It really depends on the people and issues involved. At a minimum, if both people agree on everything, it will take 90 days for an uncontested divorce. However, if more issues need to be litigated, then it could take more than a year. 

I can't speak for other attorneys, but here at Merideth Law, I offer a flat fee of $500 for a basic prenuptial agreement. 

 If you get married without a prenuptial agreement, and you and your spouse were to later separate, then it is more likely that issues will arise when dividing property. Without a prenup, if the two of you cannot agree, then it will be left for the court to decide who gets what property. This can lead to costly and emotionally draining litigation. No one wants to plan for a separation, but the reality is that most national statistics show that more than 40% of marriages end in divorce. Having a prenuptial agreement doesn't mean that you are planning for your marriage to fail, but rather it means you are simply being proactive in case the unexpected were to happen.   

The cost will really depend on how contentious the relationship is and the complexity of issues to be litigated. 

In an uncontested divorce, both the former spouses agree on all major issues. Primarily, this means both spouses agree on how the marital property should be divided. Conversely, a contested divorce is where the parties cannot agree, and they are litigating to have the court decide in their favor. A contested divorce will generally be more costly and take more time. 

In a divorce, the court will divide "marital property". Notably, this generally means property that is acquired during the time that the parties were married. Just because something is titled to only one spouse does not necessarily that the property is not "marital property". Any property that was acquired before the marriage or after the separation is non-marital property. Some of the most commonly divided items are homes, personal property, income, dividends, and debt. In deciding how to equitably divide the property, the court is going to consider a number of factors specific to the parties. Therefore, it is critically important that you consult with a family law attorney.  

Both parents must support a child until the child turns 18. However, a parent can seek to modify an existing child support order if they can show that there has been a substantial change in circumstances since the support order was issued. Some of the circumstances considered include the amount of time the paying parent spends with the child (more time spent with the child can reduce the amount of support owed), increase or decrease in income, or a change in the needs of the child. If you think your circumstances warrant a modification, it's important to contact a family law attorney.  

 When one spouse earns less than the other, the lower-earning spouse can request the court order the higher-earning spouse to pay support payments during the period of separation. Notably, if the person requesting support has engaged in conduct that warrants a fault-based divorce, the court will be more likely to refuse spousal support.  

Unlike spousal support, alimony is a support payment that is made after the divorce is finalized. Alimony may be ordered when because of the separation, one spouse is no longer able to meet their reasonable needs. What is considered a reasonable need depends upon the accustomed standard during the marriage. The court will consider factors such as each spouse's income, the length of the marriage, marital standard of living, contributions that increased the earning capacity of the other spouse, and the health of each spouse. 

Alimony can be terminated when the non-paying spouse gets remarried, gets a major increase in income, or passes away. 

Physical custody relates to where the child resides the majority of the time. 

Legal custody relates to the parent's right to make major life decisions for the child.  Some examples of these decisions include where the child will attend school or whether the child will have a certain medical procedure. A court will often assume that joint legal custody is best unless one parent can show that the other parent is not fit to share the determination of major life decisions. When the parents share joint legal custody, the parents will need to consult with each other and try to reach a decision on the matter. If the parents can not agree, then they will need to ask the court to decide.