Lawler Law Office, p.c.
Frequently Asked Questions
My Husband and I are talking about divorce. Can we use the same lawyer?
Does it matter who files first?
How much alimony/spousal support am I going to get?
How much child support am I going to have to pay?
Are child support
payments made directly to me?
Do I have to allow
my ex-spouse to visit the children?
Is
joint physical custody the solution to custody battles?
My Husband and I are talking about divorce. Can we use the same lawyer?
Lawyers cannot represent multiple clients whose interests are directly
adverse or if the representation of one client would materially limit
representation of the other, absent consent. Even in the most apparently
uncontested of cases, joint representation is frowned upon. Little points of
contention can and unfortunately do arise. Occasionally, I represent one
spouse, and the other spouse chooses not to have representation; I make it
very clear to the other spouse that I do not represent that person and
cannot give him or her legal advice or reveal confidential information.
Does
it matter who files first?
Not legally. The Responding party can always file a counterpetition which
will be heard with the petition for dissolution of marriage. Financially,
the filing party has to pay the filing fee to the Clerk of Court and pay a
process server to serve the other side. Psychologically, the Responding
party tends to feel like he/she is at a disadvantage initially because the
other side has gotten the first opportunity to tell the story and spin it
his or her way. Clients just have to remember to be patient; the Judge
really does listen to everything.
How much alimony/spousal support am I going to get?
It all depends on your need and the other side’s ability to pay. There are
different forms (lump sum, rehabilitative, permanent periodic, and
bridge-the-gap), which are generally, but not solely dependent on the length
of the marriage. They can overlap or one form of alimony can be awarded to
the exclusion of another. There are very specific factors that courts use in
determining whether to award alimony, as well as other generalized factors
including need and ability to pay. It is a very fact intensive determination
and requires working closely with your attorney to present your case
correctly.
How much child support am I going to have to pay?
Minnesota and North Dakota have specific formulas for calculating child
support. Both are based on the net (after tax) income of the parties and
compared to a table of numbers. Childcare and health insurance affect it as
well. The calculation is relatively simple when the parties are both W-2
wage earners. It gets tricky when one party is self-employed and there may
or may not be personal expenses paid through the business. Child support
also gets tricky when the parties are engaging in a timesharing arrangement
like a 60/40 split or a 50/50 split. Both states have online child support
calculators.
Remember that these are very general and do not
include all of the factors that may affect your situation.
Your lawyer can walk you through these
calculations.
Are child support
payments made directly to me?
No, all child support payments must be paid through the
State and that official will send the payment to you or to the public agency
providing for your support.
If you receive payment directly from you
ex-spouse, you should report it immediately to the State.
Do I have to allow my ex-spouse to visit the children?
Yes, if the Court has awarded visitation, you must
allow that person to visit.
You can ask the Court for definite periods of
time as to when your ex-spouse may visit the children.
If the divorce decree has a provision making
visitation rights conditional upon complying with other parts of the decree,
then visitation can be refused.
For example, if the noncustodial parent is not
to use alcohol beverages before or during visitation, visitation can be
refused if (s)he shows up intoxicated.
If the decree does not make visitation rights
conditional on compliance with other parts of the decree, then visitation
cannot be refused.
If the children are in danger, you can report
that danger to your County Social Services, or move the Court that the
visitation be modified.
Is
joint physical custody the solution to custody battles?
No.
In order for joint physical custody to work,
there has to be cooperation between the parties.
Normally the children and both parents need to
be in the same general locale.
Ultimately, one parent will need to be
responsible for the major decisions.
If there is a lot of hostility between the
parents, joint physical custody is not a workable solution.
How
long is this going to take?
Realistically, you should figure no less than three months, but you should
be prepared for your file being open for 6 to 9 months on the average for a
contested divorce. “Contested” meaning that there are financial, custody, or
visitation issues in dispute. The parties may not be contesting the fact
that they want the divorce itself, but that does not make the divorce
uncontested. All of the other issues that need to be resolved make the
matter contested or uncontested. This does not mean that you will
necessarily be experiencing hotly contested litigation during each of these
months; there will, in all likelihood, be some “down time.” Sometimes, there
is even a “cooling off” period, after which time the parties decide to
attempt reconciliation and abate or dismiss their action.
Isn’t everything just going to be divided 50-50 anyway—why do I need a
lawyer?
The starting off point in Minnesota and North Dakota with regard to division
of marital property is called an “equitable division”. However, there are a
number of factors that may cause a court to distribute a piece of property
more or less in someone’s favor. The court will look at things like
contribution to the marriage, including homemaking and taking care of young
children, career building of one party, career sacrificing of another party,
and whether one parent should have exclusive use and possession of the
marital home for the benefit of the children during their minority.
Additionally, in some cases, property acquired before the marriage may be
exempt from the division, especially if it was never shared during the
marriage and the marriage was relatively short.
When you interview with your lawyer you need to
give him or her all the facts of your case because there may be arguments
that can be made or arguments that you should anticipate with regard to
unequal division of property.
Can I
return to my maiden name?
Yes.
If you do intend to go back to your maiden name
it is best do it at the time of the divorce, as there is no additional cost
for a name change.
How much is this going to cost?
It depends. In my firm, an uncontested divorce, step-parent adoption or
document draft may entail just a flat fee between $1,000 and $1,500, not
including court costs. A more complicated case, like a contested divorce or
custody case, would be billed on an hourly basis, with the current hourly
rate being $160.00 for attorney hours and $75.00 per hour for legal
assistant hours*. The initial retainer will be in a range of $3,000 to
$5,000, exclusive of court costs, depending upon the number and complexity
of issues involved in the case.
We realize that
affording competent, zealous legal representation can be difficult for the
average person. We attempt to keep our rates competitive and to serve our
clients zealously and with principle.
Our fees are not
contingent in any way on the outcome of your case. Although precise fees
cannot be predicted, we hope you will find the following guidelines helpful:
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Initial Consultation Fee: Free.
-
The initial retainer fee will be based on several factors including the complexity of the case, the attitude of the other party, their representation, and the likelihood that the case will go to trial.
Mediation fees and
guardian ad litem fees are not included in these figures. Every case is
different. Attorneys fees may be recouped from the other party at the end of
the litigation if there is an ability to pay, or if the other side creates
harassing unnecessary or vexatious litigation. The firm accepts Visa,
Mastercard, and Discover.
The retainer is
deposited in the firm's client trust account prior to the start of legal
representation. Fees and costs are charged against the retainer as they
accrue. Unused (unbilled) portions of any retainer are refunded to the
client upon the conclusion of the matter or upon termination of attorney's
representation.
We believe it's important for clients to know where
their money is going.
We provide clients with an itemized billing
statement at the end of each month detailing work done, the time it took to
do it, and the amount charged.
Monthly billing statements also itemize any
costs incurred for the month.
Are there ways to reduce my
costs?
Prepare for
Your Attorney Meetings
Come prepared with
all of the necessary information and papers. Ask questions to make sure that
you are providing everything the attorney needs. Think about your legal
problem and gather the information your attorney will need. Write down the
names, addresses, and phone numbers of other people involved in the case.
Write down the important events or facts. Bring any relevant papers such as
contracts, letters, court notices, or leases. Keep copies of this
information and provide it to your attorney. The more work that you do to
prepare, the less time your attorney needs to spend (and charge you) for
finding the information.
Answer Your
Attorney's Questions Fully
Your communications
to your attorney are confidential. Pay close attention to the questions your
attorney asks you and offer complete and honest answers. If you are not sure
if a piece of information is relevant, ask your attorney. If your attorney
knows all the facts as early as possible in the case, it will save on time
(and money) that might be spent later on further investigation or
misdirected case development.
If the
Situation Changes, Tell Your Attorney as Soon as Possible
You are a primary
source of information about your case and your attorney will act based on
the information you have provided. If something happens or if you find out
new information which may affect your case, give the information to your
attorney quickly. It may change what he or she is doing on your case. It may
save the attorney's time (and your money) or save the attorney from heading
in the wrong direction on a case.
Maximize
the Value of Your Contacts with Your Attorney
Keep in mind that
you will pay for virtually every minute you spend with your attorney.
While a friendly relationship can facilitate the handling of your
case, limit the phone calls and meetings to the business of the case. You
will not want to pay for a long, friendly conversation about other matters.
Consolidate your
questions or information giving into a single call. Pass on information in
writing or to other office staff rather than speaking directly with the
attorney unless you have a specific reason to do so.
This is a period of
high anxiety and all sorts of questions and concerns will emerge, which is
all the more reason to spend time outlining your thoughts — on paper —
before you fire off that e-mail, or call or visit your lawyer. Identify your
goals and priorities, list the questions you need answered and bring that
outline to bear on the communication, whether in-person, on the telephone or
at the keyboard.
Perform Some of the Work
Discuss ways that you can help the attorney on the case. For example, if the
attorney needs copies of birth certificates or other records, you can
request them yourself and save your attorney the time needed to draft,
print, copy, and mail the letter.
Work
through your anger; don’t get stuck in it.
Many clients come
to their divorce intent on hurting their spouse to make him or her respond.
They demand endless inquiries — motions, discovery actions, depositions —
into every aspect of their spouse’s life well beyond what is needed to bring
about a just resolution. This often happens when infidelity is suspected,
even though proving unfaithfulness rarely influences the outcome of a case.
Carrying out these demands spikes the fees and its impact is doubled when
the other side responds in kind.
Be Timely
Are
you cooperative and return my phone calls promptly? Do you cooperate with my
requests for documents? Are you immediately available to meet with me to go
over the specifics of your case? Are you able to revise your documents and
promptly return them to me? If you have witnesses, what is their
availability, and do they cooperate? Is the other side represented? Is their
representation well-versed with family law procedure and protocol?
Every time I have to repeat a
request or ask for more clarification, it will add to the fees.
Delays past deadlines can also have other consequences.
*Hourly rates listed may not be current. Please call the office for updated pricing and to set up the initial consultation.