Obtaining a Divorce

When a couple decides to end a marriage, a judge must issue a divorce decree. This requires one spouse filing for a divorce on the basis of grounds, including cruel and inhuman treatment, adultery, imprisonment, abandonment, or constructive abandonment. The second means for obtaining a divorce is through the conversion of a separation agreement that has been in effect for at least a year. If a couple has not married, but needs to resolve issues such as paternity, child support, child custody; these issues are handled in Family Court. During divorce, issues of equitable distribution of marital property, maintenance, child custody, support, and visitation are addressed.

Equitable Distribution

One of the major issues facing clients is equitable distribution: the division of assets and property accumulated during marriage. 

Maintenance

Maintenance, otherwise known as spousal support or alimony, can be temporary or permanent, and is provided for the purpose of supporting the non-wage earning spouse or when a disparity in earning power exists.

Child Custody & Visitation

Child custody, visitation, and support are issues addressed during a divorce when there are children of the marriage. When children are born out of wedlock, then these issues, as well as paternity, are handled in Family Court. The amount of support is determined by the state's child support guidelines, which include the parents' incomes, the number of children requiring child support, and the interests of the children.

Domestic Violence

When an order of protection is filed against you, you may lose custodial and legal parental rights.  

Child Neglect

When a child is not properly clothed, fed, sheltered, provided necessary medical treatment, or properly supervised, it is considered child neglect and Child Protective Services often becomes involved when such allegations are made.  Child neglect has consequences. A child may be removed from his or her home, and if parents are going through a divorce, neglect allegations can have a negative effect on custody and visitation, even if such allegations are false.

Other Issues
 

• Pre-nuptial agreements
• Alternative dispute resolutions
• Modifying and enforcing Child Support, Maintenance and Pre-Nuptial agreements
• Orders of Protection
• Paternity