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Common Questions

What you Need to Know

Find answers to specific questions that often come up as you navigate divorce.

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Legal
Readiness

What is the difference between divorce, separation and annulment?

Retirement
Post Divorce
Property Division

Can retirement assets be divided without a QDRO if both parties agree?

Process
Property Division

Do I have to disclose assets to my spouse that are in my name alone?

Post Divorce
Post Divorce

What is the difference between enforcement and modification?

Asset Allocation
Property Division

How is my disability insurance policy addressed in divorce?

Process
Getting Started
Process & Other Professionals

Do I have to start over if the collaborative process is terminated?

Asset Allocation
Property Division

Why is the vesting schedule important when evaluating stock options in divorce?

Process
Cash Flow

Can a lump sum buyout agreement be modified in the future?

Process
Cash Flow

If I buy out spousal support in a lump sum and my spouse gets married, can I get some of the lump sum back?

Process
Parenting

What are the benefits of using a parent coordinator in a high-conflict co-parenting situation?

Cash Flow
Cash Flow

Can spousal support be “permanent”?

Asset Allocation
Property Division

Will I have to share my business with my spouse after the divorce?

Parenting
Parenting

What steps can we take if one parent frequently forgets to share important information about the children’s health or educational progress?

Asset Allocation
Property Division

What if I moved my separate assets into a joint account?

Financial
Cash Flow

How can spouses ensure a fair and equitable lump sum buyout agreement?

Attorney
Getting Started
Attorneys

How will an attorney communicate with me?

Cash Flow
Cash Flow

How do I calculate my income if I am paid hourly?

Property Division
Post Divorce

How does a lien on real estate work in securing a settlement payment for the non-retaining spouse?

Parenting
Parenting

What role do family traditions play in maintaining extended family relationships after divorce?

Property Division
Post Divorce

Can we use a private contract (like a property settlement note) to handle the division of real estate equity?

Parenting
Parenting

What legal steps can we take if one parent makes unilateral decisions without consulting the other?

Asset Allocation
Property Division

How should I think through property division?

Asset Allocation
Property Division

What are options for dividing/sharing equity in bank accounts?

Cash Flow
Cash Flow

What if my expenses change from my estimates?

Parenting
Parenting

In jurisdictions without custody labels, how are disputes about decision-making and parenting time typically resolved?

Parenting
Parenting

Can we each have different childcare providers on our separate parenting time?

Parenting
Parenting

How can parents create a relocation plan that minimizes disruption to the children’s education and social life?

Asset Allocation
Property Division

I didn’t know we incurred debts during the marriage, am I still responsible for them?

Cash Flow
Cash Flow

Do I have to document what I spend my child support payment on?

Attorney
Getting Started
Attorneys

What if I don’t have money to pay my attorney?

Process
Cash Flow

Can direct payment arrangements be modified after they are established?

Legal
Property Division

Is my state an equitable division state?

Legal
Cash Flow

Do I have a right to spousal support if my spouse always earned more than me during the marriage, but now I earn more?

Asset Allocation
Property Division

What are some potential challenges with dividing employee incentives like stock options and RSUs in divorce?

Cash Flow
Cash Flow

How do I account for pre-tax deductions from my income in a cash flow analysis?

Parenting
Parenting

What do we do if there is an unscheduled no school day, like a snow day?

Parenting
Parenting

What are some ways to ensure that our communication remains respectful and positive, especially when discussing sensitive or contentious issues?

Financial
Cash Flow

How do I calculate my income if I am a stay-at-home parent?

Attorney
Getting Started
Attorneys

Will I lose my retainer if I don’t want to work with my attorney anymore?

Parenting
Parenting

What do we do if both parents are unavailable when our child gets sick?

Asset Allocation
Post Divorce
Property Division

How do we divide investment accounts without triggering taxes or penalties?

Parenting
Parenting

If our child's extracurricular activities require frequent travel or overnight stays, how should we coordinate these plans to ensure both parents are comfortable and involved?

Financial
Cash Flow
Property Division

How are cash flow and property division connected?

Asset Allocation
Property Division

How is a signing bonus typically treated in a divorce settlement?

Parenting
Parenting

How do I handle concerns about unsafe guests or influences at the other parent's home?

Financial
Cash Flow

What if we disagree on an extracurricular expense for the children?

Asset Allocation
Property Division

Can we split our credit card debts in half?

Retirement
Property Division

Why are retirement accounts different than other assets in divorce?

Process
Cash Flow

We have changed our child support agreement informally, do we need to file something with the court?

Retirement
Post Divorce
Property Division

How does the timing of the QDRO submission affect retirement asset division?

Parenting
Parenting

Can I prevent the other parent from smoking around our children?

Parenting
Parenting

If my co-parent disagrees with the timing of introducing a new significant other, what steps can we take to reach a consensus?

Cash Flow
Cash Flow

How do I calculate medical, dental and insurance premiums for the kids?

Process
Parenting

How does arbitration differ from other ADR methods like mediation in resolving parenting disputes?

Parenting
Parenting

What are the benefits and potential drawbacks of jurisdictions that do not use custody labels but instead focus on comprehensive parenting plans?

Parenting
Parenting

How do divorced parents typically handle a parents’ birthday?

Retirement
Post Divorce
Property Division

What happens if my ex-spouse refuses to cooperate with the QDRO process?

Property Division
Property Division

What valuation date should be used for the final property division?

Parenting
Parenting

What steps can we take if one parent consistently fails to communicate about important decisions or events?

Financial
Cash Flow

Are there cost of living increases to child support?

Financial
Cash Flow

In a cash flow analysis, what if I don’t earn regular income but am all or mostly paid on commissions?

Parenting
Parenting

What should we do if one of our extended family members has a history of inappropriate behavior or substance abuse?

Parenting
Parenting

What steps can we take to make the introduction of a new significant other as smooth and positive as possible for our children?

Parenting
Parenting

How should we handle situations where our children are struggling to adjust to a new significant other in one of our lives?

Post Divorce
Post Divorce
Process & Other Professionals

What professionals should I contact for post-decree financial issues?

Financial
Property Division

What is the difference between a credit score and a credit report?

Professionals
Getting Started
Process & Other Professionals

Can a divorce coach replace a therapist?

Parenting
Parenting

When one parent moves a greater distance away from the other, does the relocated parent have an obligation to facilitate and pay for additional transportation?

Retirement
Property Division

Why do I have to share retirement when I am the one that earned it all?

Process
Cash Flow

What happens if one party fails to fulfill their obligations under a direct payment agreement?

Asset Allocation
Property Division

Is my engagement ring a marital or joint asset?

Post Divorce
Post Divorce
Property Division

Can the property division be changed after the divorce is finalized?

Parenting
Parenting

How can we effectively communicate changes in transportation schedules without causing last-minute confusion?

Process
Parenting

My state doesn’t use the term “visitation” – so what is it called when my ex has time with the children?

Process
Getting Started
Process & Other Professionals

What is a “kitchen table” divorce?

Property Division
Post Divorce

Are there tax implications to consider when transferring real estate post-divorce?

Cash Flow
Cash Flow

What if my bonus isn’t guaranteed - will it affect cash flow?

Parenting
Parenting

Do I have to agree to my co-parent adjusting the parenting schedule to go to an event with his family?

Asset Allocation
Property Division

Why are my student loans not a shared/marital debt?

Process
Cash Flow

How can disputes over direct expenses be resolved in a divorce?

Asset Allocation
Property Division

Can I use my bank appraisal from a mortgage refinance to establish a value of the house for divorce?

Financial
Cash Flow

I earn more than my spouse, can I request spousal support?

Parenting
Parenting

How can we set up a communication system that minimizes misunderstandings and ensures both parents are always informed about the children’s activities and well-being?

Asset Allocation
Property Division

What is the difference between a year-end bonus and a performance bonus?

Asset Allocation
Post Divorce
Property Division

How do we divided joint credit card debt?

Legal
Property Division

What does it mean to be jointly and severally liable for debt in divorce?

Getting Started
Readiness

What is discernment counseling?

Parenting
Parenting

What steps can we take if one parent consistently disagrees with the agreed-upon guidelines and discipline measures, leading to inconsistent enforcement?

Parenting
Parenting

What are some best practices for keeping each other informed about schedules, costs, and commitments related to our children's extracurricular activities?

Financial
Property Division

What are the most common outcomes for a division of personal property (our "stuff") in divorce?

Process
Post Divorce

What happens if one spouse wants to keep the home but can't qualify for a mortgage on their own?

Post Divorce
Post Divorce

What if my ex-spouse isn’t following the divorce decree?

Professionals
Process & Other Professionals
Getting Started

Who pays for non-lawyer divorce professionals?

Parenting
Parenting

What should we do if our work schedules vary greatly, and we don’t think a regular parenting schedule will work for us?

Parenting
Parenting

What considerations should be taken into account when involving a third party, such as a family member or professional service, in transportation duties?

Parenting
Parenting

How should I address concerns about substance use during my co-parent's parenting time?

Asset Allocation
Property Division

How can an Employee Stock Purchase Plan (ESPP) impact divorce proceedings?

Getting Started
Getting Started
Process & Other Professionals

How do I find a mediator?

Parenting
Parenting

How can we ensure our children maintain strong relationships with extended family members on both sides after divorce?

Asset Allocation
Property Division

What are Restricted Stock Units (RSUs) and how do they differ from stock options?

The information and resources provided on www.part-wise.com do not and are not intended to constitute legal or other professional advice.
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