Family Law Frequent Questions
Q: Do I need a lawyer?
A: Many people wonder whether than can or should afford the expense of a lawyer, or whether they should attempt to solve their family law problems on their own. The best answer is: you should take your problem to a lawyer to find out how serious and difficult it is. Many lawyers will see you, read your papers, and give you advice for the cost of an hour or two of their time. Mendel & Associates will do this for a flat fee of $250, unless the papers you have to review are voluminous. Once you really understand your legal problem, you will have a better idea whether hiring a lawyer will be worth the cost.
Q: Why should I pay a lawyer to do something I could do just as well?
A: When you put it this way it seems like the answer should be, you shouldn't. But with the help of a lawyer, you should consider the following questions: (1) How much is at stake? If, for example, you are getting a divorce and you and your spouse have assets worth $500,000, you may stand to lose $20,000 or $200,000 by not hiring a knowledgeable attorney. This would not be economical. (2) What will happen if things don't turn out well? It is almost always more expensive (sometimes much more expensive) to hire a lawyer to fix something than to do it right in the first place. If you can't live with losing your case, you should hire a lawyer the first time. (3) How valuable is your time and your piece of mind? Family law cases are emotional and exhausting. If you hire a lawyer, it will be his/her primary job to worry about your case, relieving you of the stress of arguing, planning, strategizing, and filing papers with the court. Your sanity may be worth it. (4) Would you fix your own car or repair your own plumbing? Some people can, other people simply make the problem worse. Sometimes hiring a competent expert is actually the cheaper option.
Q: If I file for divorce (or custody) will I have to go to court?
A: It depends on what you mean by going to court. Competent lawyers always try to avoid trials. Trials are time-consuming and expensive, and usually result in the parties being more angry and hurt than they were before trial. Your case can be settled out of court by mediation or settlement if both parties are willing. But in nearly every case, you will have to appear in court at least once, if only to say that you understand the settlement and agree with it. Some cases may involve hearings, which are shorter and less expensive proceedings before a judge, to decide some issue that comes up during the case. Your lawyer should help you decide when to go to court over something, and what you can expect when you get there.
Q: What should I do if someone is trying to serve me with papers?
A: The answer nearly always is, accept the papers and read them. If you receive papers and do not open them or read them, it is entirely possible that the court will act without your participation and do whatever the other party asks. You cannot respond or get legal help if you don't know what is in the papers. Do not ignore deadlines. Just like with paying your electric bill, it will be more expensive to fix once something bad happens.
Q: Can I be punished for "abandoning" my spouse?
A: This is a question often asked by clients. There is no law in Alaska that you have to live with or take care of a spouse who is otherwise a responsible adult. You will not be punished in a divorce for leaving the house or for choosing to live on your own. This is especially true if you have been the victim of domestic violence – if you have, you should not live with the perpetrator. However, there can be consequences to leaving without the children.
Q: How old do my children have to be before they can decide which parent to live with?
A: There is no age (prior to 18) at which children get to decide where they live. This is an adult decision that parents must make, like whether or not to go to school, or that the court will make for the parents. Psychologists advise that telling a child, even a teenager, that he can pick which parent to live with can be very harmful to the child. It forces the child to take sides between parents, even though the child loves both parents. This is not to say that you should not take their feelings into account. But children often ask for bad or dangerous things that their parents know better than to give them. Custody should be no different
Q: How much will it cost me to hire a lawyer?
A: This is a hard question to answer. Currently family lawyers in Anchorage charge from $150 to $300 or more per hour, depending on age, experience. Lawyers at Mendel & Associates bill at $225 to $300 per hour. The cost of a divorce or custody case can range from $3,000 to $60,000 or more. The total cost depends on many factors, including how much money is involved, whether there are serious or difficult custody issues, how much the parties want to fight, the temperament or competence of the attorneys, the involvement of the judge and the court system. Generally, it costs more to divide larger estates in a divorce because each part must be done carefully to make sure you get the result you expect. Custody issues can be very expensive if both parents want or need to litigate them. Be sure to discuss the costs with your lawyer at the beginning, and make plans about how you will pay the cost.
Q: Can I get my spouse to pay my lawyer?
A: There is a means of getting an order that your spouse pay all or some of your attorney's fees. Getting such an order, however, will not relieve you of the responsibility to pay your own attorney. Nor will it ensure that your spouse actually pays, or pays on time. It is therefore very important to plan for the situation where your spouse does not help with your attorney's fees, and you will be pleasurably surprised if he or she does.
Q: Is it important to be the one who files the divorce?
A: Generally not. There is little to no advantage to being the first to file the divorce. The one who files will have to pay the filing fee, and serve the papers on the other spouse. The spouse will then have a chance to respond before the court makes any decisions.
Q: How long will it take me to get divorced?
A: That depends, like the cost, on many factors. If you and your spouse are in agreement about most things, it could be as little as two or three months. If there are many sources of disagreement, or if one person is determined to delay the process, it could take 18 months or more. Some of the delay will be due to the time it takes to get court dates, which is not in your or your attorney's control.
Q: Is there a way I can get a free or low-cost lawyer?
A: There may be. Alaska Legal Services Corporation (ALSC) provides lawyers to some people who have very low income and have certain kinds of cases. ALSC also refers cases to pro bono attorneys, who do the case without charge. For most people, however, even most people who have incomes below the poverty line, there is no source of free or low-cost lawyers in divorce and custody cases. The court system provides forms and help for people who want or need to represent themselves through the Family Law Self Help Program. Some lawyers, including Mendel & Associates, will provide help and advice (for a fee) to people trying to represent themselves. There is no organized source for low-cost or sliding scale legal help. Some unions provide prepaid legal insurance. This will rarely pay the whole cost of a case, but it will help. Any time you hire a lawyer, you should frankly discuss your financial limitations, and make realistic plans about what you can afford. Although some clients claim that "cost is no object," this is rarely true. You should not expect your lawyer to loan you money or work without payment.