Our Services
Divorce Litigation
Divorce can be one of the most difficult, unsettling events in a person’s life. Many people feel as though their lives are in total upheaval as they work through issues of custody, child support, spousal support (sometimes known as maintenance or alimony), and equitable distribution (the division of assets and allocation of debts). Whether your matter is being determined by a judge at a trial, or settled around a conference room table, we know the law and we know how to apply your unique set of facts to the relevant laws to help achieve the best possible outcome.
Child Custody
Child custody issues are often the most hotly contested matters. How major decisions will be made (known as “legal custody”), with whom the children will primarily reside (“physical or residential custody”), and when each parent will see the children (“parenting time or visitation”) are the core components of a custody proceeding. Each issue must be resolved by either settlement or a trial. In reaching these determinations, a court will consider many factors, including who has primarily cared for the child and who is better equipped to foster a relationship between the child and other parent. While issues of domestic violence are required to be considered, a court must weigh the totality of the circumstances in determining the child’s best interests. To many litigants, there is no greater concern than what will happen to their children. Leave nothing to chance. Hire skilled, experienced counsel who are not afraid to fight.
Child Support
Generally, parents of a child are obligated to support the child until age 21. Under certain circumstances it may be longer; infrequently, it will be earlier. If your child primarily lives with you, you are entitled to child support from the other parent. The amount depends on the parents’ incomes and the number of children you have together. While the math may be simple, getting the right result may not be so easy. Collecting can be another challenge. There are many factors that can complicate a support case, like when a parent has inconsistent income, recently lost employment, has unreported cash, or is a business owner/self-employed. Whether your matter is big or small, don’t try to do it alone. Talk to us.
Spousal Support
Since 2016, spousal support / maintenance (formerly known as “alimony”) has been governed by a series of formulas. These formulas require a comparison of your income with your spouse’s income. The greater the difference in your respective incomes, the greater the amount of spousal support / maintenance will be paid, and the longer your marriage, the longer the award will be paid. Applying these formulas can be very complicated; there are “caps” on incomes, factors to consider, different formulas for different scenarios, tax considerations, and durational guidelines. Let us help.
Mediation
Many couples choose to keep their private matters outside of court by working with a mediator. In mediation, you act as your own advocate, and the mediator’s role is to meet with you and your partner to help build a tailor-made agreement. This path can often help save time and money, avoid court, and achieve a level of specificity and attention to detail that you won’t typically find in litigation. If you have questions, we are here to answer them. Don’t hesitate to reach out. Complete your intake form here, and start thinking about the issues now with our Decision-Making Guide.
Prenuptial Agreements
Everyone has heard of prenups, but many people don’t understand them. Their goal should be simple: if we must get divorced, it should be clear, simple, and quick. To achieve that end, prenups typically create rules for the protection and/or division of assets in the event of divorce or death. They can also provide requirements -or waivers- of spousal support, and can even create ground rules for your marriage. Work with one of our professionals to handcraft the right agreement for you.
Orders of Protection
Living in fear can paralyze you. But one of the ways to take action is to seek an Order of Protection (sometimes called Restraining Orders in other states). Family Court can issue these types of orders for your benefit against your spouse, a family member, someone you have a child with, or a former intimate partner. It can prohibit the person from coming near you or communicating with you, even if you live together. If you are living in fear from your erratic partner, or an Order of Protection has been issued against you, call us right away to learn about your rights.
Paternity Proceedings
Whether you are trying to build a relationship with your child or obtain an order of child support, paternity may need to be formally established first. If the father is not listed on the child’s birth certificate, a formal court procedure is usually required to establish paternity. In some cases, genetic marker (DNA) testing may be ordered. We are here to help make sure you have a smooth road in establishing paternity so that you can get the relief you need.