Frequently Asked Questions (FAQs)
How long will my divorce take?
How much will my divorce cost?
Do I have to pay all the attorneys' fees myself?
What if my spouse is hiding money, income, or assets?
Will I lose everything to my spouse?
If our largest asset is a business, who will get it?
Will I have to pay alimony (i.e. support or maintenance)?
Will an extramarital affair have an impact on my divorce?
If I have joint custody, do I have to pay for child support?
How does a court determine who will receive custody of a child?
Will I have to pay for college?
What is the effect of my divorce on my estate plan?
Q: How long will my divorce take?
A: The time frame for a divorce can be very difficult to determine; you should be cautious of any attorney who claims he or she can help you complete a divorce in a defined period of time. Many factors impact the length of a divorce, such as:
- The degree to which you and your spouse agree on issues;
- The cooperation between you and your spouse; or
- The court schedule in a particular county.
In circumstances where both spouses agree on every issue, typically the divorce can be completed in a few weeks. In cases where the parties do not agree on issues such as custody, support, or division of property, a divorce can last a year or more. If there are issues involving concealed or hidden assets, a divorce can take as long as several years to complete.
Q: How much will my divorce cost?
A: We offer our clients quality legal services for the best value. We take pride in the quality of our work and in our ability to keep our fees reasonable and competitive in the DC metro area. The cost of divorce is frequently determined by the extent to which one or both parties choose to litigate over issues. At the Law Offices of Ellen L. Lee, we do not operate a "volume" practice where you are just another file. We provide experienced and aggressive representation, focusing on the individual needs of each and every client. As a result, we will be neither your least nor your most expensive option for a divorce attorney.
Q: Do I have to pay all the attorneys' fees myself?
A: Under limited circumstances, courts permit fee shifting. Fee shifting is a concept whereby a court will "shift" the payment of legal fees from one spouse to the other in the event that one spouse is better able to pay for the legal fees of an attorney. For example, if you stayed home while your spouse pursued his or her career for the last 10 years, a court may order your spouse to pay for some or all of your attorneys' fees. We are particularly sensitive to the financial disparities faced by women in divorce and custody cases; for this reason, we work hard to maintain reasonable legal fees while providing the highest quality of legal representation.
Q: What if my spouse is hiding money, income, or assets?
A: In the instance that your spouse is hiding money, income, or assets, we will work with you to uncover the hidden money, income, or assets using all means legally available, including sending subpoenas to employers, businesses, banks, and close friends or relatives of a spouse. When appropriate, we will work with forensic accountants, private investigators and other professionals to help trace and locate the hidden money, income, or assets.
Q: Will I lose everything to my spouse?
A: No, you will not lose everything to your spouse. In determining division of property, the courts look at numerous factors such as the potential earning power of each spouse, the length of the marriage, and the assets each spouse brought into the marriage. Courts attempt to reach divorce agreements that are fair. Our attorneys are skilled at preparing and presenting the evidence in a unique manner to ensure that you obtain your fair and equitable share of any property division.
Q: If our largest asset is a business, who will get it?
A: It is a very common issue, particularly for women, where the family's greatest or most valuable asset is a business. Where a business is a marital asset, we hire business appraisers, valuation experts, accountants and other professionals to determine the true value of a business to protect your interests. You should not rely on your spouse's assertion of the value of a business until you have obtained a valuation from a neutral professional.
Q: Will I have to pay alimony (i.e. support or maintenance)?
A: It depends. Once we learn the unique facts of your situation, we can provide you with a better assessment on the alimony issue. Alimony is also referred to as "spousal support" or "maintenance." A court will look at your unique facts to determine whether or not your spouse will be ordered to pay alimony. Some of these factors include:
- The income and property of each spouse;
- The needs of each spouse;
- The present and future earning capacity of the spouse seeking support;
- The standard of living established during the marriage; and
- The length of the marriage.
Q: Will an extramarital affair have an impact on my divorce?
A: The facts of the case will determine the extent to which an extramarital affair has an impact when it comes to the distribution of property. However, an affair can impact how child custody is determined. When an affair is part of the facts in a case, we work diligently with our clients to obtain child custody arrangements designed to protect the child's physical and psychological well being.
Q: If I have joint custody, do I have to pay for child support?
A: In most custody cases, the child or children end up living with one parent. The parent with primary care over the child is entitled to child support, the minimum amount of which is set by the Maryland Child Support Guidelines. If you are the primary caretaker or custodial parent of a child or children, you are entitled to child support.
Q: How does a court determine who will receive custody of a child?
A: Maryland caselaw outlines the factors courts should consider when determining who will receive custody of a child. Maryland law requires courts to focus on "the best interest of the child" and not the best interest of the parent(s). Factors used to determine the best interest of the child include:
- The wishes of the child's parent(s) as to the child's custody;
- The wishes of the child as to the child's custodian;
- The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest;
- The child's adjustment to home, school, and community;
- The mental and physical health of all individuals involved;
- Physical violence or the threat thereof by the child's potential custodian, whether directed against the child or someone else;
- The occurrence of ongoing abuse, whether directed against the child or someone else; and
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
Other factors considered by the courts include:
- The sufficiency and stability of the parties' homes and surroundings;
- The interaction and relationship of the child to his parent and the child's adjustment to his or her home;
- The relative economic positions of the parties; or
- Whether a party is current with child support obligations.
Q: Will I have to pay for college?
A: Often, child support agreements will include expenses for college or higher education. We believe higher education payments to be of the utmost importance in child support agreements.
Q: What is the effect of my divorce on my estate plan?
A: The impact will vary widely depending on the type of estate plan you have. We encourage all of our clients to address this issue immediately following (and sometimes during) their divorce in order to protect themselves and their loved ones.
For an experienced and compassionate family law attorney, contact the Law Offices of Ellen L. Lee today.
