PartWise | Common Questions

Common Questions

What you Need to Know

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

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

Parenting

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

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?

Post Divorce

What if my divorce decree does not include a name change provision?

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?

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?

Retirement

Property Division

Do I have to share my retirement with my spouse if I earned it all myself?

Budgeting

Cash Flow

We lived in a $500,000 house during our marriage, do I have a right to another house of that same price moving forward?

Parenting

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

Asset Allocation

Property Division

Are our wedding rings marital or joint assets?

Legal

Property Division

Is my state a community property state?

Parenting

I want to introduce my child to my new significant other, why should I wait?

Parenting

When do holidays start/end in a co-parenting schedule?

Process

Cash Flow

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

Parenting

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

Asset Allocation

Property Division

If we have already divided our personal property and furnished separate households, do we have to go through all personal use assets?

Asset Allocation

Property Division

How is my disability insurance policy addressed in divorce?

Financial

Property Division

I have been secretly saving money that my spouse doesn’t know about, can I keep all of it?

Asset Allocation

Property Division

How is a term life insurance policy addressed in divorce?

Asset Allocation

Property Division

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

Parenting

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

Legal

Property Division

Do I have to share my inheritance?

Retirement

Post Divorce

Property Division

Are there any fees associated with the QDRO process?

Asset Allocation

Property Division

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

Parenting

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

Budgeting

Cash Flow

Do we need a budget if we both have sufficient income to meet our reasonable need?

Process

Parenting

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

Cash Flow

Can spousal support be “permanent”?

Process

Parenting

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

Asset Allocation

Property Division

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

Parenting

How do we handle situations where one parent wants to discontinue an activity that the other parent and/or child enjoy and find beneficial?

Process

Getting Started

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

Parenting

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

Process

Cash Flow

Our parenting time schedule recently changed, do we have to update child support?

Post Divorce

How should I handle updating my name with my insurance policies?

Cash Flow

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

Parenting

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

Property Division

Post Divorce

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

Property Division

Post Divorce

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

Parenting

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

Attorney

Getting Started

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

Financial

Cash Flow

Are there cost of living increases to child support?

Parenting

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

Financial

Cash Flow

How are direct payment arrangements established in a divorce?

Asset Allocation

Property Division

Can we split our credit card debts in half?

Asset Allocation

Property Division

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

Attorney

Getting Started

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

Attorney

Getting Started

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

Asset Allocation

Property Division

Is my engagement ring a marital or joint asset?

Property Division

Post Divorce

How can a quit claim deed affect my financial future if I transfer my interest in the property to my ex-spouse?

Post Divorce

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

Process

Cash Flow

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

Cash Flow

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

Cash Flow

In a cash flow analysis, what if I only work part-time?

Parenting

How do divorced parents typically handle children’s birthdays?

Process

Getting Started

What is a “kitchen table” divorce?

Parenting

How can I discuss the introduction of my new significant other with my co-parent to ensure transparency and cooperation?

Asset Allocation

Property Division

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

Process

Cash Flow

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

Asset Allocation

Property Division

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

Parenting

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

Legal

Parenting

How do custody labels impact the way we make decisions about childcare?

Parenting

What are some effective ways to maintain the non-relocating parent's involvement in the children’s lives after a move?

Property Division

Post Divorce

Property Division

What if the property is underwater (worth less than the mortgage) during the divorce?

Financial

Cash Flow

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

Post Divorce

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

Process

Cash Flow

Can direct payment arrangements be modified after they are established?

Financial

Cash Flow

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

Retirement

Property Division

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

Parenting

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

Post Divorce

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

Parenting

In the event of a sick day, what measures can we put in place to ensure our child receives adequate care and attention, considering both parents may have differing work schedules or responsibilities?

Process

Property Division

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

Process

Getting Started

What do I do if my spouse and I cannot agree on a process?

Process

Getting Started

Will our mediator draft final paperwork for the Court?

Attorney

Getting Started

Why would an attorney not meet with me for a consult?

Parenting

Our 13 year old child has indicated the parenting schedule they would like, should we follow their request?

Parenting

What should I consider about co-parenting when moving to a different state with different custody label practices?

Financial

Cash Flow

Are property division and cash flow the same thing?

Parenting

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

Cash Flow

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

Getting Started

What is discernment counseling?

Process

Cash Flow

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

Parenting

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

Cash Flow

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

Parenting

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

Parenting

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

Process

Post Divorce

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

Financial

Cash Flow

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

Attorney

Getting Started

Can one attorney represent both of us?

Parenting

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

Legal

Getting Started

What is the difference between divorce, separation and annulment?

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?

Retirement

Property Division

Why are retirement accounts different than other assets in divorce?

Parenting

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

Asset Allocation

Post Divorce

Property Division

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

Asset Allocation

Property Division

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

Getting Started

How do I find a mediator?

Cash Flow

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

Asset Allocation

Post Divorce

Property Division

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

Retirement

Property Division

Post Divorce