Attorney Karen Buckley will stay with you and guide you through these times of highly charged emotion, to arrive at fair and equitable resolutions in the best interests of you and your family.
Divorce is the legal termination of a marriage, in which division of property, alimony, child support, child custody, and parenting plans are resolved. Resolution can occur in one of several ways:
The parenting plan or custody plan is determined by the needs, habits and situations of each individual family, and will change over time. The best interest of the child is the standard. As children grow, needs may change, and the lives of the parents may change as well, so modification will be required to reflect the family's new circumstances.
Changes in location or financial circumstances may require post-agreement modification to divorce judgments. A complaint for modification is a legal request for a change in financial obligations or parenting plans as is appropriate in light of the change in circumstances.
When one party in a judgment does not comply with an order or judgment, action may need to be taken by the court to compel compliance. A complaint for contempt is filed with the court if other methods are unsuccessful in encouraging compliance.
A couple may find it appropriate to negotiate an agreement prior to marriage that sets forth provisions for how property will be divided and other matters to be resolved in the event there is a divorce in the future. There must be full financial disclosure, and each party should have their own attorney review the agreement prior to its execution.
When there is a child born out of wedlock, the father may seek to establish paternity to proclaim his legal right to have a relationship with the child. The mother may seek to establish paternity to gain support for the child.
The forms of support are alimony (support of the spouse) or child (support of the child), as well as maintenance of health insurance and uncovered medical expenses.
Statute 209A provides for a restraining order to prevent a perpetrator from further abuse or causing a threat to the person seeking the order. The restraining order is used to remove the offender from the home, possibly without notice to him or her. Violation of the 209A Domestic Violence order is a criminal offense.
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