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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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Financial
Property Division

How does divorce affect my credit report?

Process
Parenting

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

Post Divorce
Post Divorce

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

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?

Asset Allocation
Property Division

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

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
Parenting

What is the role of a parenting consultant in resolving co-parenting disputes?

Process
Post Divorce

What is my date of divorce?

Parenting
Parenting

How do divorced parents typically handle children’s birthdays?

Asset Allocation
Property Division

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

General
Property Division

What are options for our pet in a divorce?

Parenting
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

How is my disability insurance policy addressed in divorce?

Parenting
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 divided joint credit card debt?

Parenting
Parenting

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

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

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

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

Asset Allocation
Property Division

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

Cash Flow
Cash Flow

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

Parenting
Parenting

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

Asset Allocation
Property Division

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

Financial
Cash Flow

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

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?

Asset Allocation
Property Division

How should I think through property division?

Cash Flow
Cash Flow

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

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

Legal
Property Division

Is my state an equitable division state?

Retirement
Property Division

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

Asset Allocation
Property Division

What should be reviewed to accurately assess the value of stock options or RSUs in divorce?

Asset Allocation
Property Division

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

Legal
Property Division

Is my state a community property state?

Process
Parenting

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

Property Division
Post Divorce
Property Division

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

Financial
Property Division

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

Parenting
Parenting

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

Process
Post Divorce

When am I officially divorced?

Parenting
Parenting

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

Asset Allocation
Property Division

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

Cash Flow
Cash Flow

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

Parenting
Parenting

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

Post Divorce
Post Divorce

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

Parenting
Parenting

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

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?

Budgeting
Cash Flow

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

Budgeting
Cash Flow

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

Parenting
Parenting

Can you provide an example of how parent coordination might work in practice?

Financial
Cash Flow

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

Retirement
Post Divorce
Property Division

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

Parenting
Parenting

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

Attorney
Getting Started

Do attorneys accept credit card payments?

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

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

Process
Cash Flow

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

Asset Allocation
Property Division

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

Attorney
Getting Started

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

Parenting
Parenting

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

Financial
Property Division

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

Post Divorce
Post Divorce

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

Parenting
Parenting

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

Getting Started
Getting Started

How do I find a mediator?

Parenting
Parenting

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

Retirement
Property Division
Post Divorce

Can I cash out retirement once transferred to me from a qualified retirement plan instead of setting up a separate account?

Process
Cash Flow

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

Legal
Parenting

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

Post Divorce
Post Divorce

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

Parenting
Parenting

How can we manage joint decision-making if one parent is more knowledgeable about a specific area, like a child’s special education needs?

Retirement
Post Divorce
Property Division

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

Attorney
Getting Started

How will an attorney communicate with me?

Parenting
Parenting

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

Cash Flow
Cash Flow

Can spousal support be “permanent”?

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?

Retirement
Property Division

What about a loan against my retirement?

Parenting
Parenting

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

Asset Allocation
Property Division

Is my engagement ring a marital or joint asset?

Attorney
Getting Started

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

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?

Cash Flow
Cash Flow

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

Parenting
Parenting

If we agree to change our parenting time schedule, do we have to notify anyone or can we just implement the change ourselves?

Attorney
Getting Started

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

Budgeting
Cash Flow

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

Getting Started
Getting Started

What is discernment counseling?

Property Division
Property Division

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

Parenting
Parenting

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

Legal
Property Division

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

Attorney
Cash Flow

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

Cash Flow
Cash Flow

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

Parenting
Parenting

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

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?

Post Divorce
Property Division

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

Legal
Property Division

Do I have to share my inheritance?

Process
Cash Flow

Can direct payment arrangements be modified after they are established?

Process
Cash Flow

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

Property Division
Post Divorce

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

Legal
Cash Flow

Is spousal support the same as child support?

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
Cash Flow

What if my expenses change from my estimates?

Retirement
Property Division

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

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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