November 22, 2017

FAQ

Why do I need a divorce attorney?

The reason many people are advised to hire an attorney if they want to get a divorce is because an attorney can represent you and protect your interests in court. Whether your divorce settlement goes to court, or it is handled during mediation sessions, you will need an attorney who can protect your interests and get you what you want from the settlement. And when child custody and support are part of the divorce settlement, it is imperative you hire an attorney with experience in handling these issues.

How is child support determined?

Whether the case is decided during mediation talks or by a judge, child support is determined based on need and the ability of the other party to pay. For instance, if one spouse is getting child custody, but they were the breadwinner in the family, it would be hard for them to claim child support from the other spouse. They may be able to get some monthly compensation, but it would not be a lot.

In contrast, spouses who were the breadwinners in the family, but no longer have custody of the children, are often expected to pay child support to ensure their children have a safe and healthy environment to live in.

What is Medicaid divorce?

Medicaid divorce is a tool that allows a couple to lower the amount of assets they own, which ensures they are both eligible for Medicaid. If handled correctly, a Medicaid divorce ensures that neither party has to give up any of their life savings or properties, but they are still able to fall under the line that would qualify them for Medicaid assistance. And in most of these cases, the couples are able to live together even after their divorce.

What do I do about my life insurance policy after my divorce?

If you have a life insurance policy and your spouse is currently listed as the beneficiary, you may have to talk with your life insurance company about how you can have those details altered. In some cases, it is possible to go through a simple beneficiary change, where you can add your children or other relatives as the beneficiaries of the policy instead of your spouse. However, there are cases where your life insurance policy may already have been accumulating cash value. You may want to cash out your policy and get another life insurance agreement in place at a later date.

What financial documents must I disclose during my divorce?

The disclosing of financial documents is very important where divorce cases are concerned. We always advise our clients to disclose all relevant documents to their attorney as soon as possible. The purpose of this is to ensure that your attorney will have all the tools they need to assist you during the settlement talks or in front of a judge. If you fail to disclose these documents to your attorney, but they are obtained by the other side during settlement talks, they have the ability to blindside your attorney and curtail the negotiations.

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