Commonly Asked Divorce Questions: Expert Answers

Welcome to Ask Brette, where the most commonly asked divorce questions get answered.

As part of our commitment to helping women who are struggling with the divorce process, we've partnered with Brette McWhorter Sember to bring you this column, Ask Brette. Brette covers a wide variety of legal issues that come up in a divorce, answering our visitor's most pressing questions. As a result, there is a very good chance you'll find the answer to your question by visiting the topic section links below.

About Brette Sember

Having previously practiced as a family and matrimonial lawyer and mediator, Brette is a nationally recognized expert on divorce and family law. For more information about Brette, see www.BretteSember.com 

Want more information? See Brette's books about divorce and custody.

Ask Brette

Dealing with the breakup of your marriage is hard enough, but it can be overwhelming trying to understand all the legal issues that come up. The decisions that you make during your divorce can affect you for a long time, so you need a reliable source of information that answers your questions about divorce.  You can now ask Brette your legal questions about divorce, children's issues, how everything is divided and more.

Featured Question

Question: My husband and I have decided to divorce. His business was started during our marriage and now is doing very well. He said that if I get my own attorney and dig into his business, he will make it worse for me. He said I won't get half of what I am worth or able to get. He wants me to work with one lawyer (his). Is this a bluff or truth?  

Brette's Answer: You definitely need to get your own attorney. It is unethical and unacceptable for an attorney to represent both the husband and wife in a divorce. Get your own attorney and discuss your entire financial situation. It is common for spouses to make the kinds of threats your husband is making in a divorce. The judge is the one who will make a decision about what will happen, not your husband. All of the assets and income in the marriage must be considered. The value of a business begun and run during marriage is an asset that is divided by the court. Talk to an attorney before you jump to any conclusions about who will have to pay what. 

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