SAMARDIN

Can I move out of the house?

Generally speaking, it is not advisable to move out of the marital home unless and until most of the matrimonial issues are resolved by way of settlement or court decision. This is especially true when there are children involved. Moving out before settling matrimonial issues can and will prejudice a parent’s arguments as to custody and parenting time.

What if I don’t know anything about our finances?

The important thing to remember here is: Don’t panic! Your tax return is a good place to start. Also, there are things you can do before you file for divorce to help your family lawyer obtain the best results possible. The law is designed to protect you. There are discovery mechanisms that exist in the law that allow your lawyer to obtain financial data relevant to your divorce.

How do lawyers get paid in a divorce/family matter proceeding?

Ethically, lawyers representing litigants in domestic relations matters are prohibited from taking a fee based on results, or what is commonly referred to as a contingency fee. Matrimonial/family lawyers work based on a billable hourly rate structure. It is impossible to predict with precise certainty how much it will cost to get divorced or to engage in any other domestic relations proceeding.