Justice
Frequently Asked Questions
A: The cost may vary greatly depending upon the particular facts of each case. After meeting with you, our attorneys will determine your fee structure based upon a number of factors, including but not limited to the following: (1) whether the issues are contested or uncontested,
(2) whether or not minor children are subject to the suit, (3) the nature and extent of property
to be divided, (4) the level of conflict between the parties, (5) whether personal service is required, (6) the necessity of formal discovery, (7) whether or not injunctive relief is required,
(8) whether a trial date has been set, and (9) the pendency of any other deadlines.
Q: What is collaborative family law?
A: In a collaborative case, the parties strive to reach a fair settlement through a series of meetings, called joint sessions, between the two parties and their lawyers, and other collaboratively trained neutral experts. It is important that both attorneys, as well as the other professionals involved, have received collaborative training in order to effectively guide the process. The primary focus of the joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with those priorities, goals, needs, and interests. The parties make their own decisions based on their own standards. Most lawyers involved in the divorce process agree that the parties can often make better decisions about their children and their families than a judge. Not all cases are suited for collaborative law, however, and the attorneys at Justice & White will assess each case individually. Our attorneys have received special training in collaborative law, and should our client choose to proceed collaboratively, we will provide information about the collaborative process for the client's spouse or respondent to review, along with a list of other collaboratively trained attorneys for the Respondent to contact.
Q: How much is the typical court filing fee?
A: The fees vary greatly depending upon what type of matter it isand what type of document
is being filed. A file fee may be as little as $15 or as much as $300. Also, it depends upon which court or which county you are in. The fees change periodically, so check to make sure
the information is up to date.
Q: Is personal service always necessary when suit is filed?
A: Not always. A respondent may sign a Waiver of Service, acknowledging that he/she has received a copy of the pleading and does not need to be formally served. However, Waivers should be reviewed carefully, as other rights may be waived in these documents.
Q: What is a Medical Power of Attorney, and is how is it different from a General
Power of Attorney?
A: A Medical Power of Attorney allows you to appoint a particular person as your agent to make medical decisions for you in the event you become incapacitated. A General Power
of Attorney, on the other hand, is a document that gives your decision-making power to another person in regard to business matters, such as selling property or paying taxes. It may take effect immediately, or upon disability. Both of these documents are extremely important to have in place. Without them, if a person becomes incapacitated, a guardian would likely have to be appointed by the court, which could cost the family thousands of dollars.
Q: What is a "Living Will"?
A: A Living Will is also known as a Directive to Physicians, or a Healthcare Directive.
Unlike the Medical Power of Attorney in which you appoint a healthcare agent, the Directive to Physicians states your preference regarding life-saving procedures and instructs the physicians accordingly. Most people choose between having either a MPOA or a Directive, but it is also acceptable and advisable to have both. The attorneys at Justice & White can help you decide which is best for you and your family.
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