What Everyone Needs To Know About Divorce © WIFE.org, All Rights Reserved © WIFE.org, All Rights Reserved

INTRODUCTION Support. Information. Hope. You are not alone. You’ve come to the right place. INTRODUCTION Support. Information. Hope. You are not alone. © WIFE.org, All Rights Reserved © 2014 WIFE.org, All Rights Reserved

Legal Issues in Divorce © WIFE.org, All Rights Reserved © WIFE.org, All Rights Reserved

LEGAL ISSUES About Me and Our Law Firm Your name, address, phone, email, firm logo – whatever you want to put about yourself here © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Overview of State Divorce Law Marital property and separate property Grounds for divorce in this state What must be decided in divorce: Property division Support Child custody Other divorce issues © 2014, WIFE.org, All Rights Reserved © WIFE.org, All Rights Reserved 5

LEGAL ISSUES The Divorce Process Initial paperwork – who files what, and when Court procedures – case judicial assignment, mediation of child issues, status conferences, mandatory settlement conferences, trials, post-judgment hearings Discovery process Document production requests Subpoenas Depositions How long the divorce process takes © 2014, WIFE.org, All Rights Reserved © WIFE.org, All Rights Reserved 6

LEGAL ISSUES Your Rights and Options Temporary restraining orders Temporary orders regarding support and property use Orders re where the children will live while the divorce is pending Decisions about who will pay the mortgage Pre-division of some assets and bank accounts Discovery issues – how will you find out what’s there? Should you wait to get a job until divorce is over? © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Ways to Approach Divorce Litigation using an attorney Court hearings and trial Assisted negotiation Private judging Binding arbitration Alternative dispute resolution Mediation Collaborative legal process Do-it-yourself Online Paralegal © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Child Issues Child custody Legal and physical custody How child-sharing schedules are decided Online tools, such as OurFamilyWizard Modification of child-sharing schedules How disputes are handled Child support Support guidelines When support ends What child support covers How other expenses of children are handled How to modify support Who claims children on tax return © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Alimony Who qualifies to receive alimony How long alimony lasts How alimony is modified Wage garnishment Vocational evaluations How alimony is taxed © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Health Insurance Can health insurance be terminated before divorce is final? Can the other spouse be ordered to pay for health insurance after divorce? Can existing coverage can continue after divorce? How COBRA works – apply for it as soon as you can Who covers the children? © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Property Division How personal property is divided (cars, furniture, jewelry) How real estate is divided (home, vacation home, rental property, time shares) How debt is divided (credit cards, personal loans, car loans, mortgages) How businesses are handled – marital property or separate, value, how other spouse is paid © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Attorney Fees Can your spouse be ordered to pay if he’s the one who wants the divorce? Can you use marital property to pay your attorney? If you borrow to pay your attorney, who is responsible to pay that debt? © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved

LEGAL ISSUES Choosing an Attorney Focus on attorneys who primarily practice family law Ask friends, bar organization, other professionals (accountants, therapists, attorneys in other fields) Ask about free initial phone consultation or meeting Go to meeting prepared with information and questions Retainers – refundable vs. non-refundable, evergreen, etc. Consider interviewing more than one attorney © WIFE.org, All Rights Reserved © 2014, WIFE.org, All Rights Reserved