Q. Tell us about yourself and your practice.
A. My name is Linda A. Kerns Esquire and I practice family law in Pennsylvania and New Jersey. You can find out more about my practice at my website www.lindakernslaw.com. I handle all types of family law issues including divorce, separation, child custody, child support, alimony and division of assets. In addition to my law degree I also have a Master of Law in Taxation, so I enjoy handling cases with complex financial issues. My client base is diverse including very wealthy families as well as families with average incomes and those just starting out. I have represented people in a broad range of industries including doctors, lawyers, entertainers, police officers, business people, teachers and other people from all walks of life. I purposely keep my practice small, so that I can provide individual attention to each client. I have a legal assistant Helen and several law clerks to assist me with providing tailored service.
Q. How long do you take to process a divorce?
A. A divorce can take anywhere from a few weeks to several years. The time for a divorce depends on where the parties live, the complexity of the issues, the cooperation or non-cooperation of either the parties or the attorneys and the court. Unfortunately, it is impossible to say how long a divorce will take.
Q. Who will have to pay alimony in a divorce?
A. As with many things in a divorce alimony depends on the particular case and in Pennsylvania and New Jersey is part of the equitable distribution process. In many cases there are no alimony payments. Some cases involve paying or receiving alimony for a short amount of time and some have lifetime alimony. Sometimes, men pay women and sometimes, women pay men.
Q. How is child custody determined?
A. The standard of determining custody of children is what is in their best interests. In many cases parties negotiate and agree. However, when they do not they must have the decision made by a court. Cases involving complex custody issues often include a custody evaluator.
Q. What are the procedures to follow in filing for a divorce?
A. The first step is to consult with an attorney to help understand your rights and obligations and decide on a strategy. Generally, one person must file a Complaint in Divorce and serve the other party. A divorce in many respects is just like any other lawsuit.
Q. How long does it take to finalize a divorce?
A. As far as finalizing a divorce, a divorce can take a few months or a few years. It really depends on the individual case.
Q. Does one need professional legal help in a divorce?
A. Since divorce can affect the things most dear to you, your children and your finances, everyone should consult with an attorney knowledgeable about divorce in the county where they live to outline the issues and come up with an appropriate strategy.
Q. How does a pre-nuptial agreement affect a divorce?
A. A Prenuptial Agreement is a written agreement by the parties defining certain rights that they may otherwise have under the laws of their state. By way of example a party can waive an interest in property or support or a party can agree to pay more support or give more property to their spouse in the event the marriage terminates. However, to be valid a Prenuptial Agreement must contain certain provisions to be enforceable. Unfortunately, a poorly drafted Prenuptial Agreement can often be worse than no Prenuptial Agreement at all.
Q. I have engaged your services. What happens next?
A. Once you have engaged my office, I send you a written retainer agreement outlining the terms of my representation, my responsibilitie, your responsibilities, the policies of my office and my hourly rate. Different cases involve different strategies. During my initial consultation I come up with a list of goals and a plan for every client. That plan is placed in our file and we both follow it.
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