Frequently Asked Questions

Question 1

What is included in an estate plan?

Accepted Answer

A comprehensive estate plan includes a last will or living trust, healthcare directive, financial power of attorney, and HIPAA authorization. These tools help you manage your assets, healthcare decisions, and financial matters when you no longer can.

Question 2

What does a healthcare directive do?

Accepted Answer

A healthcare directive ensures your medical wishes are followed if you're unable to communicate them yourself. It also allows you to appoint someone you trust to make healthcare decisions on your behalf.

Question 3

What does a financial power of attorney do?

Accepted Answer

A financial power of attorney allows you to appoint someone to manage your financial affairs if you become incapacitated. This includes tasks like paying bills, managing investments, and handling other financial transactions. Often, a durable financial power of attorney agreement is part of a more comprehensive estate plan as just one of a number of estate planning documents.

Question 4

What’s the difference between a contested and uncontested divorce?

Accepted Answer

An uncontested divorce is when you and your spouse want to get a divorce, and you agree on all significant issues, including the division of property and debts, spousal and child support and child custody. A contested divorce is when you and your spouse can’t resolve disagreements regarding these types of issues.

Question 5

How do I divorce a spouse I can’t find?

Accepted Answer

If you can’t find your spouse despite your best efforts, you can still get a divorce. You'll need court approval to publish notice of your intent to divorce your spouse in the local newspaper. If your spouse doesn't respond to your service by publication, you can proceed to finalizing your divorce by default.

Question 6

Do I need to complete a lot of divorce forms?

Accepted Answer

Yes, in most states there are many forms to complete. If your divorce is uncontested, we'll complete all state-specific documents for both spouses.

Question 7

How long does an uncontested divorce take?

Accepted Answer

The time to complete an uncontested divorce can vary significantly based on factors like location, the complexity of the divorcing couple’s family and financial circumstances, and the negotiations required to reach “uncontested” status. But in general, where the parties agree on the key terms—financial arrangements, property division, and child custody—at the outset, an uncontested divorce can typically be concluded in 4 to 12 months, and perhaps even quicker. In contrast, contested divorces, where disagreements exist over major issues, can take considerably longer.

Other factors include the time taken to prepare and file necessary documents, court processing times, and the current caseload of the court.

Question 8

How to file for uncontested divorce?

Accepted Answer

Here are the steps:

Ensure you or your spouse meets state residency rules
Fill out divorce papers, including a petition and marital settlement agreement
Submit the completed documents to the family court clerk and pay any filing fees
Legally serve your spouse with the divorce papers and obtain an acknowledgment of service
Observe any mandatory waiting periods until the court finalizes your divorce
Obtain the official decree that ends your marriage

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