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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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Parenting
Parenting

What resources are available to support me/us in creating a parenting plan?

Parenting
Parenting

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

Legal
Property Division

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

Parenting
Parenting

What if our parenting schedule no longer feels right for the kids?

Parenting
Parenting

We don’t have travel or vacation time built into our parenting plan, can I plan a vacation with the children?

Asset Allocation
Property Division

Can we split our credit card debts in half?

Asset Allocation
Property Division

How is a whole or universal life insurance policy addressed in divorce?

Parenting
Parenting

My family doesn’t live in my state, now that I am divorced, can I move with my children to be close to my family?

Parenting
Parenting

If one parent wants the children to participate in a specific religious activity and the other does not, how can this be resolved?

Attorney
Getting Started
Attorneys

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

Asset Allocation
Property Division

How do I balance the cost of new furniture with the cost of the furniture I am leaving behind in divorce?

Parenting
Parenting

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

Retirement
Post Divorce
Property Division

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

Cash Flow
Cash Flow

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

Parenting
Parenting

I would like our child to participate in an activity that only occurs on my parenting time – do I need my co-parent’s agreement?

Asset Allocation
Property Division

Is my engagement ring a marital or joint asset?

Retirement
Property Division

What does "tax-effecting" retirement mean?

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

Parenting
Parenting

I lost my job and found a new job out of state, how will my parenting schedule be impacted if I have to move?

Asset Allocation
Property Division

Are our wedding rings marital or joint assets?

Process
Getting Started
Process & Other Professionals

Will our mediator draft final paperwork for the Court?

Parenting
Parenting

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

Retirement
Post Divorce
Property Division

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

Financial
Cash Flow

How can direct payment arrangements affect taxes in a divorce?

Parenting
Parenting

What should we do if we disagree on a specific medical treatment or intervention for our child?

Asset Allocation
Post Divorce
Property Division

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

Attorney
Getting Started
Attorneys

What is the difference between a solo attorney and an attorney at a firm?

Post Divorce
Post Divorce

How do I change my name on my professional licenses and certifications?

Parenting
Parenting

My children are not even in school, how can we come up with a parenting plan now for 12 or more years?

Post Divorce
Post Divorce

What if I encounter resistance or confusion when updating my name with certain institutions?

Attorney
Getting Started
Attorneys

Do attorneys accept credit card payments?

Asset Allocation
Property Division

What’s the difference between a home equity loan and a HELOC (home equity line of credit)?

Legal
Property Division

Is my state an equitable division state?

Retirement
Post Divorce
Property Division

Can retirement benefits be adjusted after the QDRO is implemented if there are errors or changes?

Asset Allocation
Property Division

How do I value accounts that change in value regularly, like bank accounts?

Process
Getting Started
Process & Other Professionals

How do I find a mediator if my spouse and I don’t agree?

Parenting
Parenting

What happens if a parent falsely claims a safety concern to limit the other parent's time with the children?

Asset Allocation
Post Divorce
Property Division

How do we divide frequent flyer miles or reward points after divorce?

Asset Allocation
Property Division

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

Cash Flow
Cash Flow

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

Process
Getting Started
Attorneys

If I don’t have an attorney, do I have to go in front of a judge to obtain a divorce?

Parenting
Parenting

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

Parenting
Parenting

How can we ensure that our children understand and respect the rules and expectations set by both parents when they might be slightly different in each household?

Cash Flow
Cash Flow

Are there cost of living increases to spousal support?

Financial
Cash Flow

What are some potential risks or downsides of accepting a lump sum buyout?

Financial
Cash Flow

Instead of paying spousal maintenance, can I make my ex-spouse’s house payment?

Process
Cash Flow

Can direct payment arrangements be modified after they are established?

Financial
Property Division

How does divorce affect my credit report?

Asset Allocation
Property Division

Where do I find the "legal description" of real property or real estate?

Asset Allocation
Property Division

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

Attorney
Cash Flow
Attorneys
Getting Started

Do I have to keep working with my attorney if I don’t like them?

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?

Parenting
Parenting

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

Parenting
Parenting

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

Parenting
Cash Flow

What role does communication play in the successful implementation of different methods for sharing children's expenses after divorce?

Property Division
Property Division

What date should I use to value the assets and liabilities in a balance sheet?

Retirement
Property Division

If my spouse has multiple retirement accounts, how are these divided?

Budgeting
Cash Flow

How does the standard of living during the marriage impact the cash flow analysis?

Parenting
Parenting

How can I determine the right time to introduce my children to my new significant other to ensure it is in their best interest?

Legal
Cash Flow

Is spousal support the same as child support?

Asset Allocation
Property Division

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

Attorney
Getting Started
Attorneys

Can one attorney represent both of us?

Asset Allocation
Property Division

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

Process
Parenting

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

Cash Flow
Cash Flow

Do only men/husbands that have to pay spousal support?

Parenting
Parenting

What are some tips for minimizing stress for children during transitions between homes and activities?

Parenting
Parenting

How do divorced parents typically handle Mother’s Day and/or Father’s Day?

Parenting
Parenting

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

Process
Post Divorce

When am I officially divorced?

Financial
Property Division

How do I value a service business, like consulting, coaching or a legal practice?

Financial
Cash Flow

Are property division and cash flow the same thing?

Property Division
Post Divorce

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

Getting Started
Readiness

What do I do if my spouse and I have very different levels of divorce readiness?

Financial
Cash Flow

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

Financial
Cash Flow

What types of expenses can be paid directly as part of support in a divorce?

Cash Flow
Cash Flow

What happens if spousal support ends while I still have minor children?

Cash Flow
Cash Flow

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

Retirement
Post Divorce
Property Division

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

Getting Started
Readiness

What if my spouse doesn’t want a divorce?

Legal
Property Division

We never combined any of our assets, do we still have to share them in divorce?

Attorney
Getting Started
Attorneys

How long does an attorney’s representation go on for?

Financial
Property Division

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

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
Post Divorce

What is my date of divorce?

Parenting
Parenting

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

Financial
Cash Flow

What should I consider before agreeing to a direct payment arrangement in my divorce?

Process
Cash Flow

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

Post Divorce
Property Division

My family wants to gift the children money after the divorce, is that allowed?

Cash Flow
Cash Flow

Our current incomes are unusual in light of what we earned over the course of the marriage, does this matter?

Cash Flow
Cash Flow

What if my expenses change from my estimates?

Post Divorce
Post Divorce

Can I change my name on my child's school records?

Parenting
Parenting

I would like my child to take swimming lessons, I want her to take lessons at the local community center that costs $100 a session and my co-parent wants to go to a private swim school for $500 a session. I cannot afford this – what should we do?

Process
Parenting

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

Parenting
Parenting

My co-parent is taking the children out of town for a week on an agreed-upon vacation, should we make up my missed time when they return?

Parenting
Parenting

How do divorced parents typically handle children’s birthdays?

Parenting
Parenting

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

Parenting
Parenting

What should we do if one parent repeatedly fails to support or attend the child's extracurricular activities, causing the child to feel disappointed or unsupported?

Parenting
Parenting

Is Winter Break or Spring Break treated as holidays or a no-school days for purposes of the parenting plan?

Cash Flow
Cash Flow

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

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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