PartWise | Common Questions

Common Questions

What you Need to Know

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

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Property Division

Process & Other Professionals

What kind of language should be in the decree regarding the house or mortgage?

Asset Allocation

Property Division

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

Budgeting

Cash Flow

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

Legal

Parenting

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

Property Division

Process & Other Professionals

Property Division

Post Divorce

What happens if I can’t refinance the mortgage like the decree says I should?

Financial

Cash Flow

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

Asset Allocation

Property Division

How is a term life insurance policy addressed in divorce?

Budgeting

Cash Flow

Should our budgets moving into separate homes add up to our historical budget in one home?

Retirement

Property Division

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

Post Divorce

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

Asset Allocation

Property Division

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

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?

Parenting

What are some effective ways to communicate and enforce consequences for major infractions when the children transition between our two homes?

Post Divorce

Property Division

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

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?

Parenting

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

Financial

Cash Flow

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

Parenting

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

Process

Cash Flow

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

Parenting

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

Process

Getting Started

Process & Other Professionals

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

Parenting

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

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?

Financial

Cash Flow

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

Financial

Cash Flow

Are property division and cash flow the same thing?

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?

Post Divorce

Process & Other Professionals

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

Property Division

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

Process

Getting Started

Process & Other Professionals

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

Financial

Cash Flow

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

Process

Getting Started

Process & Other Professionals

What is a “kitchen table” divorce?

Legal

Cash Flow

My ex just took a new job and makes substantially more money than when we were divorced, do I have a right to more in spousal support?

Asset Allocation

Post Divorce

Property Division

How should we handle jointly owned vehicles in the divorce?

Asset Allocation

Process & Other Professionals

Property Division

How do I know if my spouse is hiding money?

Parenting

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

Asset Allocation

Property Division

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

Parenting

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

Attorney

Getting Started

Attorneys

What if my attorney isn’t responding to me or listening to me?

Parenting

My co-parent doesn’t answer my calls when I want to talk to the children – what can I do?

Cash Flow

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

Financial

Cash Flow

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

Attorney

Getting Started

Attorneys

Can one attorney represent both of us?

Post Divorce

Property Division

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

Post Divorce

How can I prevent future post-decree disputes?

Retirement

Post Divorce

Property Division

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

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 investment accounts without triggering taxes or penalties?

Professionals

Getting Started

Process & Other Professionals

If I work with a mediator, do I still need a lawyer?

Retirement

Post Divorce

Property Division

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

Process

Parenting

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

Post Divorce

What is the difference between enforcement and modification?

Financial

Cash Flow

How are direct payment arrangements established in a divorce?

Asset Allocation

Property Division

How is my disability insurance policy addressed in divorce?

Cash Flow

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

Legal

Property Division

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

Retirement

Post Divorce

Property Division

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

Parenting

How can parents collaboratively develop a new parenting schedule that accommodates the needs of both parents and the children after a relocation?

Parenting

How can we handle transportation logistics if one parent lives significantly farther away from the child’s school or extracurricular activities?

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?

Process

Getting Started

Process & Other Professionals

Will our mediator draft final paperwork for the Court?

Financial

Property Division

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

Parenting

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

Cash Flow

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

Parenting

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

Parenting

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

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?

Parenting

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

Post Divorce

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

Parenting

How do divorced parents typically handle a parents’ birthday?

Getting Started

Readiness

What if my spouse doesn’t want a divorce?

Cash Flow

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

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?

Parenting

What should we do if one parent’s work schedule frequently conflicts with attending important school or medical appointments?

Financial

Cash Flow

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

Asset Allocation

Property Division

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

Cash Flow

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

Post Divorce

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

Financial

Cash Flow

I want to retire but have a spousal support obligation, what should I do?

Parenting

How can we ensure that both parents are informed about the children’s medical needs and treatments?

Parenting

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

Attorney

Getting Started

Attorneys

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

Post Divorce

Cash Flow

How do I modify child support or spousal support after divorce?

Financial

Property Division

Why can’t we both have our names on the 529 plans?

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?

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

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

Asset Allocation

Property Division

What happens to my frequent flier miles in divorce?

Asset Allocation

Property Division

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

Parenting

Are there ways to involve our children in educational decisions without putting pressure on them to choose sides?

Parenting

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

Parenting

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

Parenting

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

Parenting

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

Process

Getting Started

Process & Other Professionals

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

Asset Allocation

Property Division

Can we split our credit card debts in half?

Process

Post Divorce

When am I officially divorced?

Parenting

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

Process

Getting Started

Process & Other Professionals

Can a mediator provide legal advice?

Asset Allocation

Property Division

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

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?