At the end of the most recent legislative session, a new bill was passed adopting a new system for powers of attorney. The new law goes into effect July 1, 2017. There are two major implications to the change.
Where will my case be?
There are two issues surrounding where a case will be filed - jurisdiction and venue. There is a course in law school dedicated almost entirely to these issues (civil procedure), so unfortunately I can't give a comprehensive answer to the question that suits every situation. The general rule is that cases must be filed in the state and county where the person you're filing against lives, but divorce and family law have more exceptions to that rule than probably any other area of law.
I already have a will. Do I need a new one?
While attorneys do our best to draft wills that are durable, and will reflect your wishes in a variety of scenarios (related to who may or may not survive you, who will serve as executor, etc.), your will may need to be updated when 1) your wishes change, 2) your situation changes, or 3) the law changes.
The house is in my spouse's name, not mine. Am I in trouble here?
How much should I ask for/offer?
Will I have to go to court?
If you have a case where you and your ex can't agree on all of the issues presented, you'll have to go to court. If you're able to agree on all the issues, you most likely won't.
Going to court - especially for the first time - can be an intimidating thought. But really, it's probably not what you're thinking.