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Attorneys and Counselors at Law

Family Law

Family law is an area of the law that deals with family-related issues and domestic relations including:

  • the nature of marriage, civil unions, and domestic partnerships;
  • issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction
  • the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support and alimony awards).

1. Divorce (Contested / Uncontested)

Divorce or dissolution of marriage is the final termination of marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between married persons.

Contested
Only about 5% of divorces in the US are “contested”. A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children. Often couples will begin the process of a contested divorce and then, before the actual trial, reach agreement on the financial terms and otherwise-of the divorce. This is called a settlement.

Uncontested divorce
It is estimated that upwards of 95% of divorces in the US are "uncontested," because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court

2. Separation Agreements

Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally-binding consent decree. The most common reason for filing with the courts for a legal separation is to make interim financial arrangements for the two of them, such as deciding which one will pay which bills, possess which property, and whether one of them shall pay the other temporary financial support.

3. Custody and Visitation

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions is thefor the child, and the parent's duty to care for the child.

4. Child Support

In family law and government policy, child support or child maintenance is the ongoing practice for a periodic payment made directly or indirectly by an ("obligor") to an ("obligee") for the financial care and support of children of a relationship or marriage that has been terminated, or in some cases never existed.

5. Prenuptial Agreements

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.

6. Spousal Support

Alimony, maintenance or spousal support is an obligation established by divorce law or family law in many countries. This obligation is based on the premise that both spouses have an absolute obligation to support each other during their marriage (or civil union known as common-law marriages). Alimony is the extension of the obligation to support after separation or divorce.

7. Equitable Distribution

Alimony, maintenance or spousal support is an obligation established by divorce law or family law in many countries. This obligation is based on the premise that both spouses have an absolute obligation to support each other during their marriage (or civil union known as common-law marriages). Alimony is the extension of the obligation to support after separation or divorce.