5 Important Questions To Ask A Divorce Lawyer During Consultation

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A divorce is something no one wants to ever go through. When a bride or groom heads down the aisle and makes their vows, the intention is usually to stay with that person forever.

Unfortunately, sometimes the marriage just doesn’t work out and the marriage may reach a point where a divorce is necessary for each member of the union to grow and move on with their lives.

A divorce lawyer is an important part of this process of going back into legal single-hood so hiring the right attorney is a decision you want to only make once. Some attorneys talk a good game and some are very knowledgeable, savvy and experienced with the law so the best way to filter the good from the bad is to essentially interview them during a consultation.

The following are six simple questions that you should ask every divorce lawyer you encounter and an idea of the answers that you should be looking for:

1. What are the requirements for a divorce?

According to the law, a marriage can be divorced if it has failed. The failure of a marriage is assumed if the participants have not formed a cohabitation for at least one year, and it is also no longer expected that the coexistence is possible to restore. However, it is not a requirement that both spouses want a divorce after one year. Instead, it is sufficient if the cohabitation has not existed for a year, and a spouse wants to divorce.

2. Can the divorce petition be filed in court without a divorce lawyer?

The divorce application itself can only be submitted to the court (local court, family affairs department) by an approved lawyer. The divorce petition is permissible, provided that the parties have been living separately from one another. Such is only possible if the parties stay independently in duration not less than one year. The court then delivers this divorce petition to the other spouse. The latter can then comment on the divorce petition. However, the divorce petition only occurs if the paying of court cost happens in advance, or the applicant receives legal aid.

Furthermore, Jason Martin, a Montgomery County divorce lawyer who’s seen his fair share of divorces accurately pointed out that not only are DIY divorces usually improperly filed (leading to delays) but amicable divorces don’t usually stay that way, unfortunately; and this is where your lawyer comes in to protect you just in case things go sour.

3. Do you have to apply for pension compensation?

If a party has submitted the divorce petition to the court through his lawyer, the court will send the two parties the forms for the pension adjustment. Such happens in the course of the proceedings. The pension adjustment is typically carried out as a so-called follow-up in the course of the official divorce by the court. As a rule, those involved do not have to submit their application. Such applies for marriages of up to three years, and here the pension adjustment takes place only if a spouse requests this.

4. What regulations are there in divorce proceedings?

In the context of an application for divorce, only the pension compensation is ex officio carried out by the court, provided that the marriage has been longer than three years. The court does not automatically regulate other procedures, such as separation maintenance, post-marital maintenance, profit sharing, custody, dealing with children together, or the stay of children, within the scope of the divorce. If the parties involved also want to find regulations here, they have to submit corresponding further court applications. There is no clarification of official channels. These additional applications in the context of maintenance, custody, or handling often lead to a considerable increase in the cost of divorce, since in terms of costs, they are separate follow-up matters, which cause increased court and lawyer costs.

5. How long does a divorce procedure take?

The question of the length of the divorce proceedings depends on several factors. In the case of a so-called amicable /uncontested divorce, the spouses already agree on all matters, so that apart from the pension adjustment, nothing else needs settling in court. The duration of the divorce proceedings is between four and fifteen months. The period of the divorce proceedings can, however, prolonged if so-called follow-up matters, such as post-marital maintenance, property law (gain), or custody applications within the scope of the divorce, are pending. In these cases, a divorce can drag on for several years, since the divorce petition only occurs when all other proceedings are also “ready for decision.” The decision is ready when the court has all the necessary facts to be able to make a decision.

6. Can the spouse who moves out of the marital home take the children? Against the will of the other spouse?

If the parents have joint custody, they can only jointly determine with whom the children will have their future stay or who will look after and care for them to a large extent in the future. The parent who moves out is therefore generally not permitted to take the children with them against the will of the other person and thus tear them out of their familiar surroundings. If the parents cannot agree where the children should live, a court decision is their only option. The courts are required to carry out a so-called large child welfare test. This child welfare test, asses on what is best for the child, contains the following principles, which the court takes a closer look at when examining it:

•Continuity principle

•Funding principle

•Binding the child to its parents

•Child’s bond to his siblings

•Child’s will

These criteria are considered as part of the child welfare check and weighed against each other, whereby the court tries to make a decision that is only the best for the child. Only the interests of the child and not the interests of the parents are decisive in this assessment. In this respect, the court will often conclude that tearing the children out of the former marital home will robe them of their familiar environment. Thus the familiar surroundings of the children are not conducive to child welfare and that the children then fall back into the care of the other spouse.

8 Reasons To Work With A Bankruptcy Lawyer

When you launch a business, you’re predominantly thinking of future success. You never think your nascent company might sink at any point down the road. But bankruptcy is real, and it happens to real people — people like you.

While it’s healthy and advisable to think positive all the time, it’s also important to be realistic because earnings are not always positive, and many businesses get into too much debt and need to file bankruptcy.

If you’re a business owner and this happens to you, be sure to seek the advice of a legal specialist such as chorchesbankruptcylaw.com before making any final decisions. 

Here are the 8 Reasons Hiring a BankruptcyLawyer Makes Sense 

1. The Experience Factor

You can hire anyone you like, of course. However, there are many good reasons to pick an experienced attorney over a rookie. Well, not everyone that boasts years of experience always delivers. Plus, experience also gets old and outdated.

That said, a seasoned bankruptcy attorney has amassed a ton of legal wisdom along the way. And you can tap into their vast resourcefulness and handle your situation like a pro.

2. You Could Benefit from Your Lawyer’s Malpractice Insurance 

Even the best professionals can make mistakes. And that includes the finest bankruptcy lawyer in your state. If your attorney mishandles your case and you suffer harm in some way, you can get compensated for the loss.

Pro se filers — penny pinchers who opt to handle everything unassisted — can’t get such compensation. Of course, people don’t hire bankruptcy attorneys so they can claim malpractice compensation. 

3. Lawyers Leverage Lots of Professional Connections 

Lawyers, for the most part, have many good working relationships with those who matter in the legal world. They know many judges, court clerks, prosecutors, and other lawyers.

While that might not translate into better results for the process you’re embarking on, it’s not entirely valueless. You can expect that your case will keep moving through the system.

4. Creditors and Debt Collectors Will Treat You Differently 

Very few things are as challenging as having creditors and debt collectors hounding you every day. Wouldn’t it be great if you could hand such worries over to your lawyer?

Attorneys know how to deal with such parties. They can even have you redirect all calls from debtors and collectors to them. Isn’t that something you’d really love? 

5. They’ll Help You Submit Accurate, Complete Paperwork             

A lot of paperwork goes into filing for bankruptcy. And it needs to be precise and complete. You don’t want to end up with an unsuccessful petition just because there were technical errors with the paperwork.

There’s also the little issue of gathering and presenting evidence. A lawyer ensures that you deliver accurate and complete documentation along with the requisite evidence.

6. You’ll Receive Sound Advice on Whether to File 

In some situations, filing for bankruptcy isn’t the smartest thing to do. The right lawyer assesses your financial situation along with other circumstances and gives you accurate advice on what to do.

If filing is the best decision, they’ll tell you so. And if fighting a little harder to pay off your debts is the best path, they’ll advise you accordingly.

7. They’ll Ensure You File the Right Bankruptcy Chapter

Which chapter should I file? That’s a question everyone in your current situation has asked themselves at some point.

Some people decide on what type of bankruptcy to file without an attorney’s advice. And it’s not uncommon for such folks to ask for advice from their friends. Friends whose careers have absolutely nothing in common with law!

A lawyer examines the facts on the table and recommends the most appropriate type of bankruptcyto file. Whether the right option is chapter 7, 11, or 13, your lawyer should guide you correctly.

8. You’ll Feel Less Stressed Out        

Who doesn’t need a little help when dealing with an energy-draining process? Having to shut down a business you’ve loved for years can be extremely exacting.

And court sessions make it even worse. Partnering with an attorney makes it feel like you’re not a little dense ball of sadness in a cold, uncaring world. 

Thinking of Hiring a Bankruptcy Lawyer?

Find someone who focuses on bankruptcy law. The worst mistake you can make is to choose a jack-of-all-trades. You need very specific advice here, not general advice. So, go with someone with a proven track record of successfully handling this extremely challenging process.

                        

 

 

Birth Asphyxia: Expert Tips From A Birth Injury Attorney!

Birth asphyxia, also known as perinatal asphyxia or neonatal, is a medical ailment attributed by deprivation of oxygen in a newborn infant that lasts long enough during the delivery process and causes brain injuries.

It is one of the most common conditions that occur during birth. It often causes brain injuries in the form of hypoxic-ischemic encephalopathy (HIE). This injury usually occurs during or near the delivery time. 

How Does Birth Asphyxia Occur?

In the womb, the baby will receive oxygen in the form of oxygen-rich blood that is delivered to the baby from the mother through the blood vessels in the uterus and the placenta. This blood then goes through the umbilical cord into the body of the baby.

Therefore, anything that affects the mother’s ability to receive oxygen affects the vessels in the womb and the umbilical cord. As a result, there is a decrease in the amount of oxygen reaching the baby. 

Some of the conditions that can affect the baby’s ability to receive oxygen include:

  • Prolapsed cord
  • Placental obstruction
  • Cord wrapped around the baby’s neck
  • Low Birth Weight Linked to Cerebral Palsy
  • Low blood pressure from the mother that limits the uterus-placental circulation
  • Placenta previa
  • Failure to deliver quickly a baby who is in distress
  • Oligohydramnios
  • Anesthesia mistakes
  • Premature rupture of the membranes
  • Arrested or prolonged labor
  • Preeclampsia
  • Intracranial hemorrhages
  • Post maturity syndrome

Hiring a Birth Injury Lawyer 

If your child suffered birth asphyxia, you are likely to get compensation if you can prove that medical negligence is the cause of your little one’s suffering.

To choose a good lawyer, you should: 

1. Visit the law firm for a free consultation

This will give you an idea of who you will be working with. Interacting with the lawyers will tell you how professional the law firm is, and whether they take good care of their clients. 

2. Ask about their expertise

While a general lawyer can handle this case, it’s always advisable to go with a specialist. They have more insight into birth injury cases and will know when you are about to be duped out of your compensation. 

3. Ask questions

The right law firm will take time to answer you and explain your case as they see it in detail. They will be patient and answer all your questions and be knowledgeable about what they are talking about. 

4. They have a plan 

The right firm will have an idea of action they usually take when handling their birth injury related cases. The lawyer should explain this to you in detail and tell you the investigations that need to be carried out to strengthen your case. 

5. Credible 

Reputation is everything. Search online, ask your inner circle, or ask your lawyer about the firm you have in mind. Always go with reputable, transparent firms. 

Most conditions resulting from perinatal asphyxia are lifelong and may have grave consequences on the overall health of the child once they grow up. Your birth attorney will help get you compensation for the injuries that will take care of expenses today and in the future. You can even get compensation for lost wages if you work with a good firm. 

 

Initiating a Class-Action Lawsuit

There are situations where the action, as well as inaction of a specific entity, can result in a pattern of people experiencing injuries. These injuries can impact dozens or even thousands of individuals.

An example would be a company that illegally dumps waste into a local water source, and this contaminates an entire town’s drinking water. It could result in a significant increase in cancer rates among the town’s residents who use the drinking water. 

The victims can individually file a claim or a class-action lawsuit. The benefit of a class-action lawsuit is how it provides the collective strength of the victims to address the issue with a common defendant.

It is a way large groups of plaintiffs can all benefit by taking a single action. Getting a class-action lawsuit started can be a challenge, but a class-action lawyer can help during the entire process.

Class-Action Complaint

The initial phase of filing a class action suit is the complaint. Since it will be subject to class certification by a judge, it may start with listing only one or two plaintiffs. The certification will be done before the lawsuit is publicly announced to make other possible class members aware of it.

The initial plaintiffs will be known as the representative plaintiff. The complaint will list other individuals, as well as legal entities, who have experienced injuries from the identical cause of action from the defendant. This is known as the class.

In the complaint, it will explain how the class has a sufficient number of individuals to make it a class action. It could also explain how individual members of the class are too many to pursue individual claims.

The complaint will also contain a section requesting the court to provide certification so the legal action being taken by the plaintiffs is a class-action.

Obtaining Class Certification

There are certain requirements a lawsuit must meet for class certification. This means it has been approved by a judge as a class action.

These requirements can be different from state to state. There are general requirements.

 ● A judge will certify the class action if a convincing argument is made that a class action is the most efficient methods to resolve such a volume of claims.

● The alleged injuries of the representative plaintiff are just like the once suffered by other class members.

● The class is easily identifiable. The identification of possible class members is practical and possible.

● There are sufficient members of the class that it would be impractical to go forth with a lawsuit that was not a class action.

● The injuries of all possible members of the class were caused by a common set of legal facts and theories. They are so much like those of the representative plaintiff; a class action is the best way to proceed. It would not be a problem.

 Common Issues

An attorney will try and determine a common factor among a person’s claim to other people who could become involved. If the lawsuit is simply because someone doesn’t like a particular business, it is not a good reason to start a class action lawsuit.

An attorney will know how to determine what is the common thread among all potential individuals who may be involved with the lawsuit.

 Type Of Law

There are several different areas of the law that could apply to a class-action lawsuit. Securities law applies to bad investments as well as the failure to provide legally required information to shareholders and more.

Employees who want to file a class-action lawsuit against the company where whey work would be covered by employment law. Consumer protection law would cover false advertising as well as accusations by consumers concerning a company’s unfair or deceptive practices.

An attorney will know what area of the law would apply to a specific class-action lawsuit.

 Single Person

A single person can start a class-action lawsuit. One person can be a plaintiff who is used to represent an entire class of individuals in a lawsuit.

All these individuals will have circumstances that are similar to the focus of the lawsuit. A single person does not need to identify all the people who were harmed.

The reason for a class action suit is its efficiency. This type of lawsuit makes it possible for one individual to represent many other people.

 Public Notices

Once a class action lawsuit has been certified by a judge, potential class members will be sent public notices.

The public notice will make it possible for individuals to be part of the lawsuit or state those who meet the qualifications of the lawsuit deemed to be part of the class. The settlement negotiation process will start once the class action lawsuit has been certified.

 Free Consultations

Anyone who believes they have a situation that could be a potential class-action lawsuit should speak with an attorney.

Most law firms that handle class action lawsuits provide consultations for free. This can be done online, over the phone, or in person.

During the consultation, the attorney will want to know the details of the possible case. If they believe a class action lawsuit can be filed, they will ask for supporting documentation.

 When someone organizes a class action lawsuit, they will discover others with similar cases. Since this is a lawsuit based on existing laws and legal principles, it is best to work with a knowledgeable and experienced attorney.

When someone joins with many other plaintiffs, it provides a situation where they have a good chance at having the best possible outcome for their class action lawsuit.

 

Tips To Help You Select The Right Criminal Lawyer

Being accused of a crime can be one of the terrifying experiences one can endure during their lifetime. You must have a powerful attorney in your corner as your character and reputation comes into question.

Amidst the plethora of lawyers all vying to retain your business, it can be confusing to know which law firm is appropriate to handle your case. Selection of a correct attorney firm usually rests on the below-mentioned aspects.

An attorney with the right experience

It is a known fact that not all lawyers are the same. Some specialize in personal injury and others in criminal law. In case your case is a violent crime, then don’t get a lawyer whose experience is limited to drink and drive cases.

You also have to check their websites to see what their specialization is. You can determine if the criminal attorney is a good one or not by his or her approach to the case.

NYCCriminalLawyer.net has plenty of experience and always collects as many facts of the case from the client and the investigators to give you the best results.

Assess their enthusiasm

Some lawyers work harder than others. You will always want a lawyer to represent you who has a habit of conducting a thorough investigation. They should go to a trial only when it’s best to go to a hearing.

They should also encourage you to accept a plea offer only when it’s really in your best interests. When it’s time to decide whether to contest or accept a plea, the right lawyer can articulate what choice they feel is in your best interest.

The way to find a reasonable attorney is to look for enthusiasm. It’s entirely reasonable for the lawyer to be experienced as the number of years of experience isn’t everything.

The right attorney should always exude a certain level of sincere interest in their work. They should also be eager to dive into your case on your behalf.

Retain a dedicated defense attorney

While most firms claim to handle criminal defense cases, some firms only dedicate a small portion of their practice to criminal defense. This is the reason that they possess less experience in criminal defense than any other areas of law.

When your freedom is on the line, you cannot afford to opt for the services of an attorney who only dabbles in criminal law. Always opt for the services of those lawyers who have dedicated a large portion of their practice to criminal law.

They are better equipped to defend you against the claims of the prosecution and maximize your chances of success.

They should have ample courtroom confidence

One type of experience that matters a lot is courtroom experience. In most cases, criminal trials move fast. At times, you may notice that your attorney has mere seconds to make an objection, which could impact the outcome of the case.

An attorney should have courtroom confidence to represent you in front of the prosecution. If an attorney has a neat appearance and is well-spoken when you meet him or her, they are likely to be the same way in court.

You should always remember that the attorney speaks on your behalf. Hence, when you meet them in person, you should like the way they present themselves.

Be on the lookout for a transparent fee structure

The best criminal defense lawyer doesn’t want confusion about their bill. Instead, they will usually explain in simple terms how they bill.

They will also provide you with a simple idea of what you can expect regarding their fees for services and the total cost of your defense. The least expensive lawyer isn’t always the best. While assessing their fees, ask what their services include and ensure that your lawyer is up for mounting a good defense.

With so much on the line, it’s worth the time and effort to find the appropriate lawyer who would represent your case. You can research thoroughly on the web, but you need to meet them in person too. Though you should take time to find an appropriate criminal lawyer, do it quickly so that you can get swiftly acquitted.

Real Estate Laws in Florida, What You Need to know Before Buying A Home

Purchasing a house in the Sunshine State is an exciting prospect and wise investment. Neither hurricanes nor politics have inhibited the steady rise of home values year over year. Also, Florida boasts lush landscapes, pleasant year-round climate, and low taxes.

At the same time, prospective buyers should not enter a deal without knowing the legal benefits and pitfalls of owning Florida real estate.

Without this knowledge, they can miss opportunities or–alternatively–get stuck with a wrong property. Sound advice from experienced counsel is key to optimal conveyance transactions.

Deed-Restricted Communities

A majority of homes in Florida are located within deed-restricted communities (condominiums are only one form of this legal arrangement). As such, residents are subject to the governing documents of the homeowners association.

The rules may be flexible or strict, so must be examined ahead of a contract. They regard pets, landscaping, special assessments, and common property, to name a few features. Seasoned attorneys can help ascertain your rights, privileges, and obligations amidst the complicated verbiage.

Do not leave such details to realtors who lack the training to spot the legal landmines in such documents.

Beachfront Houses: Pros and Cons

To look at a map of Florida is to see hundreds of miles of coastline. Oceanfront homes abound in this state, and for a good reason: the scenery and climate are pleasing to the senses. Eyes and ears do not tell the whole story.

For instance, in the interest of protecting its delicate ecosystem, Florida has imposed laws restricting the lighting outside beachfront houses. This is to protect the sea turtles during hatching season. The state’s Fish and Wildlife Conservation Commission can penalize perpetrators of “light pollution.”

Federal environmental laws apply in these areas, too. Other rules forbid any disturbance of specific natural flora at the beach. Owners can only comply, of course, if they know about such statutes and ordinances.

Property Taxes

While there is no personal income tax in Florida, counties and municipalities make much of their revenue through taxation on property.

A key fact to remember when buying a house is that the seller’s tax burden may bear no likeness to the one you will assume. There are reasons for this: the current owner’s assessed value is capped by statute.

When a new owner comes along, the value can be recalculated to an often higher figure. Beyond that reality, the original owner likely has a basic tax exemption, knocking 25,000 dollars off the value for tax purposes.

The incoming proprietor must apply for that homestead exemption, so must wait for its benefit to kick in. In the meantime, the new owner is stuck with a higher bill — important especially if the mortgage banker is escrowing for payments.

If you believe yourself to have been defrauded or intentionally misinformed, there is help in unexpected places. Florida has similar real estate litigation methods to Los Angeles, CA. You can cast a wide net to find the best legal assistance.

Basics 101 of Florida’s Personal Injury Law

The recovery process from a personal injury can both be expensive and stressful, add these to the fact that different states have different laws. This is why it is always in your best interests to be aware of the state laws that govern personal injury cases.

If you reside or work in Florida and suffered any form of personal injury, you might want to continue reading to know how Florida law works.

Under Florida’s statute of limitations for personal injury, the injured party has up to 4 years from the date of injury to file a personal injury lawsuit.

Serious Personal Injury

Injuries that result in permanent and significant loss of an important bodily function.

Permanent injury within a reasonable degree of medically accepted probability that is other than disfigurement or scarring.

Significant and/or permanent disfigurement or scarring.

Death

Coverage of A Personal Injury Lawsuit

You are entitled to compensation for your losses if the investigation shows that another person was the cause of your injury.

These include, but are not limited to, all related medical expenses, lost work wages, property damage, permanent disability or disfigurement, and other expenditures as a direct result of the personal injury.

More Than One Person to Blame

Florida has a set of joint and several liability rules that are very structured to deal with cases where more than one person is found to be at fault.

Depending on the percentage of guilt, the person who caused the injury can find themselves responsible to pay an amount from almost nil to $2 million in damages.

Your Personal Injury is Partially Your Fault

Florida’s comparative negligence law means that you can also be partially blamed for your injury. If investigations show that you are partially to blame, the amount of compensation you will receive will be significantly reduced.

For instance, instead of receiving $2 million in damages when other parties are completely at fault, this would be reduced to $1 million if you are found to also be guilty.

Overall, when it comes to anything that would involve personal injury law in Florida, your best option would be to contact a Florida personal injury attorney.

For more information on Florida’s state laws and your right with nursing home abuse and negligence, visit:  https://www.nursinghomelawcenter.org/florida-nursing-home-abuse-neglect-attorneys.html

Understanding Florida’s Auto Accident Law

Do you know what steps to take if you get involved in an auto accident in Florida? Read on to find out.

First Steps After the Accident

Immediately after the auto accident has occurred, Florida law requires you to stop and check for any injured persons.

The next step requires you to report the accident to the local authorities. This could be the local sheriff, police department, or the Florida highway patrol if you estimate the damage caused by the accident to amount to more than $500.

If your vehicle is blocking traffic, it should be moved either by yourself or with the help of a towing company.

Liability for An Auto Accident

Under Florida negligence law, there is a comparative negligence system that has been set in place to determine the amount of liability for both parties in negligence cases. An investigation will be conducted to determine the actual extent of liability for the concerned parties.

Insurance Claims for An Auto Accident

Florida law requires vehicle owners to have auto insurance that has at least $10,000 personal injury protection and $10,000 property damage liability.

Aside from the legal requisite of reporting the accident to the local authorities, you need to make sure that the accident report includes information on who is at fault.

Keep a copy of the auto accident information for your personal records, such as date the accident happened, the local authority/agency who conducted the investigation, and vehicle identification of all the vehicles involved. Immediately inform your insurance agency.

Have yourself checked out by medical personnel to keep note of any injuries. Again, take note of the medical information for your personal reference.

Did the auto accident significantly affect your way of life? You might want to consult and hire a lawyer that focuses on Florida auto accidents to help you.

Florida Divorce Law – Five Things You Should Know

If you are a resident of Florida and are contemplating getting a divorce from your spouse, you might want to read on to know the basic requirements before going ahead and hiring the services of a divorce attorney.

State Law Requirements

Under Florida Law, at least one of the participants is a resident of Florida or a member of the US Armed Forces stationed in Florida. Divorcing due to irreconcilable differences would require a written agreement between you and your spouse that the marriage has ended.

If one of the participants deny that there are irreconcilable differences, the court can require both parties to undergo counselling for a maximum period of three months.

Possibility of No Trial

If both parties agree on how the property, child responsibilities (if applicable), and debt should be equally divided, there will be no need to go to trial. The only requirement, under Florida law, is a written and signed legal form.

Division of Assets, Debts, and Properties

Any assets, debts, and properties obtained during the marriage will be equally divided among both parties. If you and your spouse have any assets, debts, and properties before the marriage, these are not included in the divorce process.

Alimony

As an extension of the spousal obligation to financially support each other during marriage, alimony can be required if the Florida court believes that the alimony claim is well-founded. The length of marriage, standard of living during marriage, and the age and physical wellness of each spouse are considered.

Child Custody and Support

Florida courts will always base their decision on what they see as in the best interest of the child. The final decision would be based on the moral fitness of both parties as parents, the ability to provide for the child, and the child’s preference between the parents.

Florida law has a standard table that lists the amount for child support depending on the child’s age and income of the parents. Another precedent is the Florida court ruling to have a trust fund set up for the child for his or her future use.

Arming yourself with the basic knowledge not only saves you time and money but also gives you an idea of the possible uphill battle you would be facing should you pursue with the divorce.