Family law is a complex and subjective area of the law. Where other types of litigation deal with facts that are relatively fixed, family law must adapt to the constant change that comes with being married, raising children, working, and living. We help people in all family law disputes.
The process of divorce includes several mandatory steps, and takes at least six months in the simplest of cases. Everyone seeking to dissolve their marriage must take these steps:
- File and serve a Petition for Dissolution Marriage (or any Response to a Petition)
- Complete and serve Declarations of Disclosure
- Determine a division of assets and debts
- Determine the payment of attorney’s fees (if necessary)
Child custody proceedings are often the most complicated and emotionally difficult family law dispute. Your reactions and communications with the other parent, your child’s school performance and emotional state, your parenting style and skills, and any relationship you may have with any other person, will all be examined by your ex, his or her attorney, child custody mediators, and possibly psychologists and therapists.
Once child custody is determined, child support is supposed to be a mathematical issue. This becomes much more complex under one of the following circumstances:
- Either parent is self-employed or has a cash-pay job.
- Either parent is unemployed and not obtaining work.
- Either parent is refusing or failing to exercise the visitation or parenting time allowed to him or her under the order.
- Either parent is in school for a career.
Under these circumstances, litigation becomes much more complicated.
Spousal Support and Attorney’s Fees:
Spousal support (formerly called alimony) comes in two types. The first is temporary, or “pendente lite,” spousal support. This is calculated using a mathematical formula in most cases. The second – permanent support – is determined using a subjective 12-part balancing test, which considers things like the marital standard of living, the parties’ relative abilities to pay, and several other factors. Spousal support likewise should look at each party’s ability to pay.
Call us if you would like to talk about your family law case.