Dissolution of Marriage

 

 

Divorce is never an easy road to take and we make sure that it is as painless as possible.  We zealously litigate vigorously on your behalf to ensure your rights to a fair proper and asset division, adequate spousal support, proper child custody, visitation & support as well as shifting the burden on payment of attorney’s fees to the party most able to afford them. During this process, you will be informed every step of the way and will have unlimited access to an attorney with any question or concern you have. We will help lift the worry from your back, to ours. Let us do the work. We are honored to advocate for you.

 

Custody, Visitation and Paternity


If you have already been served with papers, or you have a current order that is no longer working for you, act now.  Do not wait longer to hire an attorney.  Why?

 

  • A custody fight is a fight for time. When you win temporary custody, you’ve won as much as a year or more of the fight.  Judges are reluctant to change the 'status quo' once custody and/or visitation has been set
  • When a parent wins temporary custody, permanent custody is now theirs to lose; in other words, all that has to be done is a good job during the interlocutory period (the time before trial) and they will almost certainly win permanent custody at trial.  Why?  Status quo, stability and functionality.  Simply put, judges will not want to change what is working.
  • Whomever wins temporary custody of the child(ren) usually wins temporary custody of the home and a big chunk of the non-custody parent's paycheck.  Why?  Status quo; that is, why take the kids out of the house they have been living in, away from their school, friends and regular activities?  Judges do not like altering the children's routine any more than necessary during the stress of their parents' divorce.  Moreover, whomever does not have the children most of the time will be paying the most money.
But wait, there is more.
 
  • The non-custody parent must pay child support, probably 'support' (an allowance for the non-custody parent), and often also attorneys fees if the non-custody parent earns more than the other parent.
  • In single earner families, the working parent will also be ordered to continue paying the family’s bills, including the mortgage on the house and other bills related to the home's care. 

Think of what that means to you when there is a court ordered evaluation of your living conditions and the 'environment in which the child(ren) will reside'.

 
If you’re the custodial parent, it’s easy to schedule an appointment in your home, with the child present, with a CASA volunteer, a a Parenting Plan Evaluator, or your hired expert witness, who will then testify at trial about what a great parent you are.
 
If you’re living in your buddy’s spare bedroom, and have only a few hours of visitation a week, and when the kid(s) come over they sleep on a mattress on the floor, it’s a lot harder to win the heart and mind of the evaluator.
 
The time to act is when the hearing is a few weeks away and evidence, witnesses and experts can be retained to litigate your issues.  The best advice we can give is to not delay in retaining a lawyer.

Important Tips in preparing for divorce

 

If you are seeking a divorce or have been served with divorce papers, the following tips may help to secure your rights:

 

  • Make a list of all of you and/or your spouse’s assets and debts. Take a photographic and/or video inventory of all the property you and your spouse possess. Find copies of any and all receipts for property with value and/or any appraisals or insurance inventories for any and all property you and your spouse possess. Find copies of any other documentation that supports the value or amount of your assets and debts. Take a copy of the above to a secure location where only you have access.
  • Make copies of all account statements for the time right before you have been served with papers or plan to serve divorce papers. Take such copies to a secure location. Monitor all account balances and stay informed about where your assets are.
  • Do not change the status quo as it pertains to your employment status.
  • Maintain active involvement with your children.
  • Do not leave your residence, dispose of property/assets in any way, or give any property to your spouse without consulting with an attorney.
  • Gather any and all documents that evidence your and your spouse’s income, such as tax returns, W-2's, 1099's, cancelled checks and bank records. Take copies to a secure location where only you have access.
  • Hire an attorney immediately.  Delay can cause you to loose valuable time and compromise your case.

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