If you’re going through a family law court case, you likely feel alone, scared, and confused about what your future will hold. Family law is emotionally challenging and difficult on people’s emotions and finances. Every family law case is different, but here are the main case types that most people experience.
The Divorce Process
Divorce is the most common kind of family law case. If you are going through a divorce, there are a lot of moving parts to it. The parts of a divorce case include the following:
- Petition. This is the document that has to be filed with the court to get the case going forward. This document explains that the marriage is over. It also explains what the spouse filing the document wants—i.e. the children, the house, etc.
- Temporary Order. This is the document that gets filed with the court about what the filing spouse wants to happen until trial or until the spouses come to an agreement.
- Discovery. This is when spouses ask the other for information. For example, if you believe your spouse makes more money than she says, in discovery you can request they send their pay statements from work.
- Mediation. This is the part of the case where you can normally settle. A mediator is an attorney or judge who attempts to help you and your spouse come to an agreement.
- Trial. This is the end of the case. This allows you and your spouse to go to court and explain your side of the story to see who wins the case.
How Long Does a Divorce Case Last?
There is no “normal” length of time for a divorce. Some cases can be wrapped up in a month and some cases can last more than a year. When you file for divorce in most counties, you get a trial date one year from the date you filed in court for the divorce.
It is the nature of things that people often wait until the last possible minute to settle a case, so it’s common for a case not to settle until month ten or eleven. Here are some common factors that can affect how long a case takes to settle.
- The complexity of the issues.
- How far apart the spouses are regarding custody, finances, etc.
- The number of children involved.
- The amount of money that people are fighting over.
- How backed up the court system is with other cases, especially criminal cases since they take priority.
As you can see, some of this is within your control in terms of how long it will take and
some are outside of your control entirely. As much as possible, it’s best to try to come to an agreement with your spouse on as many issues as you can so that it limits the number of issues that have to be decided either in court or outside of court.
How Much Will Divorce Cost
The cost of a divorce can vary greatly between people. There are two main costs that are connected with divorce.
- Filing fees.
- Legal fees.
You won’t have to pay any filing fees if you are not the spouse who files for divorce. If
you do file, then the fee can vary between counties, but most counties charge between $240 and $360 to file, with the amount going up every year.
Legal fees can also vary between a couple thousand dollars to over $20,000 in rare cases. The factors that determine how much your lawyer will charge will really come down to how complex your case is and how many issues you and your spouse are disagreeing about.
In addition to filing fees and legal fees, you’re also likely going to face the cost of the fallout of the divorce itself. Normally, the biggest cost you’re going to have that you didn’t have before is paying for two households, meaning you may have to rent and pay the mortgage on a home. Or you may have to now pay spousal support or child support.
These are all factors to consider when figuring out what divorce will cost you.
How Spousal Support is Calculated
Spousal support is not an easy number to calculate because there are a number of factors that decide how the number should be decided. In addition to figuring out how much you have to pay, or receive, you must also determine how long you should receive it. Here are the factors the court views to make a decision.
- Length of marriage
- Education of both spouses
- Earning history of both spouses
- Ability of one spouse to pay
- The need of another spouse to receive money
The last two factors are by far the most important. One spouse must be able to show that
they have the ability to pay, and the other spouse has to show they have the need for support. Without these two factors, it’s very hard for the court to come up with a number.
How Child Support is Calculated
Unlike spousal support, child support must be paid. It is not optional. In fact, if a spouse fails to pay child support, the court must turn the case over to the county prosecuting attorney’s office. Eventually, the prosecutor will collect money from the non-paying spouse.
Child support is very black and white. There is a worksheet the court has where you and your spouse have to plug in your information, such as how much money you both make, as well as your living expenses and taxes. Once that information is put in, then you will get a number showing what you have to pay or receive in child support.
This document must be completed and filed with the court in order for your divorce to be finalized.
How Child Custody is Decided
Perhaps no other area of family law requires an experienced attorney more than child custody. This is not an easy or straightforward decision made by the judge. There are a lot of factors the judge will consider when deciding who should get primary custody and how visitation will go with your child.
The primary factors the court will consider are:
- Which parent presents the best at court hearings.
- Which parent can prove they have a stable home.
- Which parent can prove they have the strongest bond with their child
There are also negative factors that can be presented to the judge as well. Factors such as
if a parent has a DUI, if the parent has negative influences in their life, if the parent is unemployed and cannot provide financially for their child.
Both positive and negative factors will be weighed by the judge when making a decision by the judge as to who gets primary custody of the child or children and what visitation will look like.
How The Jackman Law Firm Can Help
If you are going through a family law case, you should not try to navigate it alone. Family law is stressful and complicated. Many times people will save money by hiring a lawyer to help them, even if it’s just for legal advice. The Jackman Law Firm has over a decade of experience with family law cases.
