– FREQUENTLY ASKED QUESTIONS –
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Where is your office located and is there onsite parking available?
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Molavoque Law LLC is located in the heart of Chester County, in West Chester, Pennsylvania, just a few blocks from the Chester County Justice Center. The office is located on the first floor at:
Free Parking On-Site. |
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What are your office hours?
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Molavoque Law LLC is generally open from 9:00 a.m. to 5:00 p.m., Monday through Friday. However, alternate arrangements may be made on a case-by-case basis, for meetings to occur outside of the regular business hours.
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Do you offer a free initial consultation?
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We offer a free, 10-15 minute, telephone consultation. In-person consultations are billed at the time of the consultation.
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How can I schedule an initial consultation and what can I expect at the consultation?
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Initial consultations can be scheduled by e-mail at kmolavoque@molavoquelaw.com or by telephone at 484-402-4133. An initial consultation typically runs about an hour. To maximize our time together, please bring with you all recent court filings, court orders, and/or agreements, if any, along with any other documents you feel will help your case.
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How are legal services billed?
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Most cases are billed on an hourly basis, except for simple (no asset) divorces and certain estate planning services. A retainer usually is required before the legal representation begins unless alternate arrangements are made. If your case is resolved prior to your retainer being exhausted, you will be refunded the unused portion of your retainer after all time to date has been billed. If your retainer becomes exhausted before the scope of representation is concluded, you may either be required to pay an additional retainer or pay your monthly invoice as services are rendered, depending on the case. You will be billed monthly, and payments can be made via cash, check, money order, or Pay Pal.
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What do you expect of your clients?
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I expect my clients to be truthful with me, to provide me with all facts relevant to the representation, to respond to my requests for information, and to keep me apprised of any changes in contact information throughout the representation.
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What can I expect from Molavoque Law LLC?
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You can expect to be kept well informed and up to date on the status of your case. Molavoque Law LLC will promptly respond to your telephone calls, facsimiles, and/or emails generally within 24 hours, absent extraordinary circumstances. You can expect to feel listened to and valued as a client, that your opinion matters, culture sensitivity and sensitivity to the uniqueness of your case, customized representation, attention to detail, and creative solutions. Molavoque Law LLC will powerfully advocate on your behalf, both in and out of court, to help you achieve your goals/desired outcome.
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Do you offer legal services in another language?
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Yes. Molavoque Law LLC offers legal representation in English and Spanish.
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How long does it take for you to return telephone calls?
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Generally, you can expect a return call within 24 hours.
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Are you able to be reached in an after-hours emergency?
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Yes. You may call the website telephone number after hours, and leave a detailed message stating that it is urgent and explaining the nature of the emergency, and someone will get back to you. You also may send an e-mail to kmolavoque@molavoquelaw.com, as e-emails frequently are checked outside of normal business hours.
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What is mediation?
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Mediation is an opportunity for individuals to conduct their own negotiations in the presence of a neutral, third-party, trained mediator, who will facilitate problem solving, guide the parties toward reaching solutions, and then memorialize the terms of their agreements in writing. The mediator does not make any decisions on behalf of either spouse, the couple, or the parties.
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What is collaborative law?
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It is a voluntary alternative dispute resolution process involving trusted professionals, directed by the parties themselves, enabling both parties to settle out of court. For those couples willing to explore creative solutions in a transparent, open, and amicable fashion, collaborative law is a constructive option when pursuing divorce.
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In a collaborative process can you represent both of us or does each spouse still need separate legal representation?
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No. Each spouse needs separate legal counsel.
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What is the difference between collaborative law and mediation?
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Mediation is guided and facilitated by the mediator whereas the collaborative law process is guided by the parties. In mediation, only the parties attend the mediation sessions with the mediator. However, during a collaborative legal approach, a variety of professionals, such as financial advisors, accountants, counselors, coaches, and other third-party neutrals can be included in the process for a more holistic, comprehensive view of the transitioning parties, to more effectively address all aspects of the separation and help meet each family member’s goals.
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Do I need my own attorney when using mediation to divorce?
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The mediator cannot represent the parties. However, you may choose to represent yourself in your divorce, which is your right.
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Does the parent with the better-paying job likely get custody?
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Not necessarily. A court will examine a variety of statutory factors to determine what is in the best interests of the children when awarding custody.
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Is the mother typically awarded child custody during a divorce or separation?
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Every situation is unique, and it depends on the specific facts of your case. A court will examine a variety of statutory factors to determine what is in the best interests of your children.
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Can I move my child out of state under an existing custody agreement?
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It depends on the nature of the agreement and the specific facts of your case. To determine whether your proposed move will violate the existing custody order and/or be considered a true “relocation” by definition, which involves mandated notice requirements and a different legal process, it is best to consult with an attorney.
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Can my child support amount be changed?
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Child support can always be modified if there is a change in circumstances to warrant the modification.
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What is equitable distribution?
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Contrary to what you might think, “equitable” does not necessarily mean equal or fifty-fifty when it comes to distributing assets and debts in a Pennsylvania divorce proceeding. As an equitable distribution state, Pennsylvania courts divide marital property and debts based on the principles of equity or fairness, considering a number of factors under the Divorce Code.
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Do we need separate attorneys if we can agree upon a marital settlement agreement?
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If you hire Molavoque Law LLC to mediate your case, you can decide whether to review the draft marital settlement agreement with an attorney. If you hire Molavoque Law LLC to represent you individually, we can draft your settlement terms and the other party can decide whether or not to have it reviewed by an attorney of his/her choosing. While it is recommended to have an attorney throughout the divorce process, parties may represent themselves during the divorce proceedings.
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Can a marital settlement agreement be changed?
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Yes. Marital settlement agreements can be modified with the same formalities as used during the execution of the original agreement.
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