FREQUENTLY ASKED QUESTIONS(Contd.)

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What about child support or spousal support before any settlement takes place?

While a case is pending, a husband (and in some cases, a wife), is liable for the support of a spouse and/or certain children. If the parties cannot agree upon an amount, then the Court will determine this amount. The support amount is based upon earnings of the respective spouses and needs of the support recipient. A support order will likely be part of the final divorce decree.

If child custody and visitation rights cannot be agreed upon, then the Court will establish them.

It is possible to obtain immediate financial support from a spouse and an immediate temporary custody order from the Court as soon as a divorce complaint is filed. In an appropriate case, one party can be temporarily barred from certain premises or put under a Court order to keep her/him from attacking or threatening the other or removing the children. If you think you will need such special relief, please mention it to your counsel immediately.

What are the client’s responsibilities in a divorce case? Can I negotiate with my spouse directly?

You are entitled to expect your attorney to preserve your confidential communications and to prosecute your case to the best of the attorney’s professional ability. The facts of your case will be the chief determinant and the outcome will be in the sole discretion of the Court -- subject to appeal if necessary. You are responsible for keeping your attorney informed as to all facts.

Frequently, legal aspects of a domestic proceeding closely involve other family members and third parties. After you have deposited an amount of money with your attorney as a retainer, you will be regarded as having established an attorney-client relationship with the firm. Once this relationship exists, you will not be asked to relay specific settlement proposals to an estranged spouse. This creates ethical difficulties for the lawyer under the Code of Professional Responsibility because it involves bypassing the other party's lawyer. This is regarded as taking advantage of the other party. For the same reason, you cannot expect your attorney to talk directly to your spouse.

As the client, your first major responsibility will be to work out the course of the continuing personal relationship with your spouse and, as the case may be, your children. This does not mean that we will not be available to discuss the legal aspects of day-to-day problems, but our fees are based on time spent on a case (including telephone conversations) and there is no need for you to increase your legal fees unnecessarily.

Your second responsibility will be to inform us of any relevant changes in your domestic situation -- especially a reconciliation.

When Court appearances are scheduled, it will be your responsibility to be present on time at the designated courtroom in the County Court House. If we determine that witnesses are required to be present on your behalf, you will coordinate everything with them and be certain they know when and where to be. If you are the complainant, then you may need corroborating witnesses.

Why is recordkeeping important?

You will have to produce records of your total income, whether from wages, fees or investments, and all of your assets, and furnish a complete list of debts and liabilities, including amounts required to meet all installment payments. Keep complete notes regarding all living expenses for yourself and for any children or other dependents. When not able to state exact expenses, you should make your best reasonable estimate. Always attempt to be fair to yourself as well as your spouse. A wife will certainly get no more than she asks for, but ought not to ask for either more or less than she reasonably needs. Keep in mind the fact that judges are very experienced in these matters and will quickly recognize exaggerated demands.

Should I listen to the advice of friends and family?

Domestic litigation is a part of American life and almost everyone has been directly or indirectly involved in domestic proceedings. Thus it is common for those involved in divorce to hear from many sources – friends and family members, for starters – about the divorce process. Just remember: Much of that information may not apply to the facts of your case.

This FAQ section is not intended to be a comprehensive presentation of the law and, due to the importance of the individual facts, the general remarks herein should not necessarily be applied to any particular case. Furthermore, changes in the law could at any time make parts of this statement obsolete. Cathy J. Pollak, Esq., is particularly conscious of the changing law, attending continuing legal education courses, and is well equipped to stay abreast of the latest developments, both in New Jersey and nationally.