Frequently Asked Questions

What should I expect during the initial consultation?

The initial consultation is an opportunity to discuss your unique concerns. Our attorneys can answer your questions about the Family Court process, the estimated time involved in your case, the estimated fees required, and other aspects of your situation. Even before any legal action has been filed, a consultation is a valuable planning tool. Everything discussed in the consultation remains confidential.

When do I need to consult with a Family Law attorney?

Family Law can be a complicated and time-sensitive area of law, so it’s often beneficial to gather information from an experienced attorney as soon as possible. Oftentimes proper planning can have a significant outcome on the results of a case. Also, by gaining knowledge about options and procedure, many clients report feeling less stressed and more in control of their situation after their initial consultation.

How much does the retainer cost?

Because every case is different, the initial retainer typically is determined during the initial consultation with the attorney. Depending on what type of work needs to be done and the nature of your case, the attorney will be better able to estimate the initial retainer after meeting with you and learning more about the strategy that will best assist you.

How long will my case take?

Each case is unique, and the timeframes for different matters can vary greatly. The length of your case may be determined by the complexity of the issues and how easily (or not) it is to reach an agreement with other parties in the matter. Our attorneys work diligently to handle matters as thoroughly and expeditiously as possible; however, the Family Court process can sometimes be frustrating and involved. Our attorneys and staff are responsive and committed to ensuring that our clients are kept apprised their case and involved in all steps toward achieving a successful outcome.

What if everything is titled in my spouse’s name? Do I still have rights?

Most likely, yes. Property generally is considered to be marital property if it was acquired during your marriage, regardless of how it is titled. This may include retirement benefits, real estate, bank accounts, automobiles and other property (even if it’s only in one spouse’s name). The exception to this general rule is if property is pre-marital or if the property was obtained by gift or inheritance; however, even then there may be circumstances that would “transmute” non-marital property into marital property.

How do I get custody of my children?

As with many issues in Family Court, custody is dependent on many factors. A judge will determine custody based on what is in the children’s “best interests.” There is no presumption that one parent is a more fit parent, and both parents have equal access to custody. Discussing your particular situation with an experienced attorney can help you prepare for potential custody litigation.

Can my situation be resolved without having to go to a trial?

Our attorneys will diligently and creatively explore avenues to settle your case without litigation. Oftentimes, having a prepared and experienced family law attorney is the best way to obtain a fair agreement without having the Court involved. In the event litigation is unavoidable, our attorneys are experienced and zealous advocates in the Courtroom.

What is mediation?

Mediation is a formal settlement conference. A neutral, third-party mediator works with the parties (and their attorneys, if any) to attempt to resolve their disputes. Mediation can be a useful tool to help minimize legal fees and gain control over the outcome of your case. Our attorneys are certified family court mediators who are well-versed in the mediation process.

My situation is so stressful! Can you help?

We recognize that family law matters often present the most emotional, personal and stressful life issues that our clients will ever face. Our attorneys have the experience and compassion to help see you through trying times. With a team of caring and competent staff, our office provides support and guidance to walk with you through the transitional period of divorce, separation and other life changes.

Call to Schedule a Consultation

Kennedy & Blackshire LLC

Monday – Friday:
8:30 a.m. to 5:00 p.m.
Additional hours by appointment

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