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WHAT
IS JOINT CUSTODY?
There is no single answer to this common question. Joint custody
can be legal and/or physical custody. Physical custody is the term
used to describe where the children actually live. Legal custody
is the right to determine the childs education, medical care,
and other important decisions. True joint physical custody could
mean children living with each parent, on alternating weeks. Joint
legal custody could result in both parents being involved in educational,
religious and health decisions regarding the children. If a divorcing
couple wishes to have a joint custody agreement, they both must
be committed to defining what the joint custody will mean to them
and their children. Who has the final say in where the children
go to school? What happens if the parents disagree over medical
care? These are tough issues for parents in a single household and
even more difficult when the parents are divorced. Except in rare
instances, we have learned that one parent needs to be the final
say regarding child raising issues, but that parent should always
keep the other parent informed of important matters in the childrens
lives.
WHAT
IS ALIMONY?
Alimony is support paid after divorce to the ex-spouse. Unless there
is a specific date terminating the payments, alimony is permanent
until and unless the party receiving the alimony marries or lives
with a person of the opposite sex. Alimony is generally awarded
in the cases of long-term marriages in which there is a wide disparity
in the earnings capacities of the parties. Rehabilitative
alimony is a term given to a limited term payment, which is
often done to provide a divorcing person the opportunity to be trained
or educated in order to raise his or her earning capacity.
WHAT
IS AN UNCONTESTED DIVORCE?
An uncontested divorce is a divorce in which the parties agree on
ALL terms regarding ALL marital issues. Oftentimes, parties will
tell lawyers that both the husband and wife want an uncontested
divorce but there are differences on some issues. If everything
is not agreed to, it is not an uncontested divorce.
WHAT
HAPPENS IF WE CANT AGREE ON ALL ISSUES?
The Judge determines what happens in divorces in which the parties
do not reach complete agreement. If the parties reach partial agreement,
the Judge may decide only the things that the parties cant
work out. It is best to reach agreement on as many issues as possible.
Remember, that the Judge will hear only a few hours of testimony
about a marriage, which may have lasted years. If you reach an agreement,
you have some input into the final decision, which will impact your
life for many years to come. If you and your spouse leave it up
to a stranger (the Judge) the decision-making is out of your hands.
There is a saying A bad settlement often beats a good trial.
This is especially true in divorce cases.
HOW
MUCH DOES A DIVORCE COST?
That question can be answered as easily as you can answer: How
much does a car cost? It all depends on what you need and
what you can afford to do. A truly uncontested divorce, which means
that ALL issues are resolved before the court filing, will cost
approximately $850 in this office. A divorce, which is not uncontested
before filing, can lead to legal, court and investigative fees from
$1,500 to many thousands of dollars. NOTE THAT THE LAW OFFICE OF
FLOYD ENFINGER, JR. IS NOT THE CHEAPEST PLACE TO GET A DIVORCE!!
There are many local lawyers whose fees are not as high as this
office, and if finances dictate your decision, you should obtain
legal advice from an attorney whose fee you can afford. THERE IS
NO CHARGE FOR AN INITIAL IN-OFFICE MEETING WITH ATTORNEY ENFINGER.
HOW
DO I GET STARTED IN OBTAINING A DIVORCE?
Call our secretary Pat Peevy and tell her you need an appointment
to discuss a possible divorce.
DO
I HAVE TO BRING MONEY TO THE FIRST OFFICE VISIT?
NO!! There is no charge for the initial office visit. If you decide
to retain this office, Mr. Enfinger will discuss fees and expenses
with you.
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