Answers to Your Top Divorce Questions

By Julie Crawford and Jason Patalano

Going through a divorce is hard enough dealing with the emotional component of separation. At KoonsFuller, we pride ourselves in simplifying this process for our clients. Here are some of the top questions and answers you should know if you are considering divorce.

1. Is mediation better than going to trial?

As trial attorneys, we are ready to fight for you in Court, but we also prioritize what is best for you and your case, as such, mediation is at least worth trying. Parties are encouraged to mediate because most judges, if not all, require the parties to mediate prior to final trial, and mediation is a more cost-effective manner of handling a case. Additionally, mediation allows parties to often negotiate more than a judge could or would order. In mediation, you and your spouse maintain control over the outcome. You have the agency and ability to negotiate creative solutions tailored to your family, finances, and priorities. At trial, you give that control to a judge, who must make decisions based on the evidence presented and the law.

2. We are both on the mortgage. If my spouse gets the house, am I automatically off the loan?

No — and this surprises many people. A divorce decree can award the house and mortgage to one spouse, but it cannot rewrite your contract with the mortgage lender. If both spouses signed the loan, both may remain contractually liable to the lender until the loan is refinanced, paid off, or the lender otherwise releases a borrower. There is a substantial difference between being ordered to pay a debt and being liable to the creditor for that mortgage. If one spouse is keeping the house, the settlement must address ownership, the mortgage, refinancing expectations, deadlines, responsibility for taxes and insurance, and what happens if refinancing cannot be completed, or is not completed timely.

3. I suspect my spouse is hiding money. What can we do about it?

You should consult with your attorney and describe what you suspect and why you have that concern. Perhaps funds disappeared, spending does not match reported income, maybe your spouse suddenly transferred money, changed passwords, started receiving unusual payments, or historically handled the family’s finances. Regardless of the reasoning, it is best to discuss these concerns with your attorney.

Through formal discovery your attorney can obtain financial records, bank and credit-card statements, tax returns, employment records, business documents, and other relevant information. In appropriate cases, records may also be obtained directly from third parties, and financial experts may be retained to trace funds or analyze complicated transactions.

It is important to note that suspicion gives us somewhere to look, and evidence allows us to act.

This article is intended for general informational purposes only and is not legal. You should consult with an attorney and, when appropriate, a qualified tax or financial professional regarding your individual circumstances.