Dissolution of Marriage
If a married couple has little or no assets, no children and agree about support, maintenance or alimony as it is commonly called, the divorce is simple and can be resolved in a quick timeframe. The reality is that most divorces contain many issues that involve time to settle or adjudicate. The most common issues involve custody and support of children, breaches of the fiduciary duty by a spouse, a family business, interests in either personal or real property, distribution of assets, commingling of accounts, insurance, retirement and pension plans, among others. An experienced & knowledgeable divorce lawyer is essential to deal with the ever-developing law, and for some clients, understanding and litigating complex financial matters. All divorces differ.
Divorces are stressful and often complicated. The challenges require an attorney with extensive experience and understanding to guide you through the process. Our law firm provides that experience to help you attain a fair settlement or we will vigorously advocate for your best interests in Court.
Adoption can be a complicated and complex process because of parental rights being terminated by the biological parents (e.g., one parent may not have been given proper notice). This can put an adoption in danger if a case is not take care of correctly.
Prenuptial agreements can help you protect your premarital assets and plan for the unexpected, as you enter your marriage. Prenuptial agreements are often considered by individuals who own businesses, or other valuable assets, prior to marriage, and parties who are getting married for a second time and want to preserve their estate for their children. A prenuptial agreement must be significantly fair, and executed in a procedurally fair style. A prenuptial agreement is an agreement between two people about to wed that spells out how assets will be dispersed in the occurrence of divorce or death. Such agreements can differ widely, but commonly the content includes requirements for division of property and spousal support in the event of divorce or breakup of marriage.
Child custody is one of the most worrying and tough practice areas of family law because of the complexity and intensity of the emotions that parents have for their child or children. Every minute that a child is out of a parent’s site and custody is an eternity to most parents. Worries about parenting are one of the top matters that divorcing and dissolving couples bring to our doors. Parents worry about everything from what schools their child will attend to what extra-curricular activities they will be involved in. Our law firm will work hand in hand with our clients and whenever possible the non-custodial parent to produce the best possible situation for the minor children.
Child support is often one of the most contentious matters in a divorce. Even when parents are not fighting over support, they often have questions about how support is calculated, what income and assets can be involved in the calculations, and whether they can modify/change child support after a court order has been issued. Parents want to know in what way child custody affects support. They wonder whether support paid to the other parent might factor into child support considerations.
Alimony is likely an issue when there is a significant difference in personal income between the two spouses. Spousal support is intended to provide the lower-income spouse with money for living expenses regardless of gender. The spouse that collects support will pay federal and state income taxes on it, and the spouse making support payments will be entitled to a tax deduction. The existence, amount and duration of monthly support payments will be defined either by the court in a contested setting or by the parties in the form of a settlement agreement.
Courts make determinations regarding spousal support after considering many factors such as the length of the marriage, the standard of living during the marriage, as well as the age, health, earning capacity and job histories of both individuals.