What types of cases are part of Family Law?
Family Law is an area of law that deals with legal issues related to families and domestic relationships. Family Law cases can involve divorce, child custody and support, spousal maintenance (alimony), asset & debt division, and other related issues.
What is the difference between a divorce and a legal separation?
In a divorce, a court dissolves the marriage and legally ends the relationship between the parties. In a legal separation, the parties take all the same steps as they would in a divorce, but they remain married.
How is child custody (a parenting plan) determined?
A parenting plan is determined by what is in the best interests of the child. Courts consider a variety of factors, such as the child’s age, relationship with each parent, the ability of each parent to care for the child, and what is least disruptive to the child.
How is child support calculated, and what factors are taken into consideration?
Child support is calculated based on the income of both parents, the number of children, and the amount of time the child spends with each parent, among other factors. While standard child support is usually fairly straightforward, many factors may be considered when determining a final monthly support payment that differs from the standard amount
What is spousal maintenance (alimony), and when is it awarded?
Spousal maintenance (alimony) is financial support paid from one spouse to the other after a divorce or legal separation. It is awarded based on factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage. Spousal maintenance is an exceptionally grey area of Family Law, as the determination is subjective and each judicial officer approaches it differently.
What is property (asset & debt) division, and how is it determined?
Property (asset & debt) division is the process of dividing all of the parties’ assets & debts. Courts may consider factors such as the length of the relationship, each party’s contribution during the relationship, and the future needs of each party.
Can I modify a custody (parenting plan) or child support order after it has been issued?
Yes, custody (a parenting plan) can be modified if there is a substantial change in circumstances that warrant a modification.
Yes, child support orders can be modified every two years. Generally, parties have the ability to list specific time-tables or factors for modification of child support in their order. This may include changes in income, employment, or the needs of the child.
How do I enforce a court order if the other party is not complying with it?
You can file a motion for enforcement with the court that issued the order. The court can take steps to enforce the order, such as ordering the non-complying party to pay a fine or even face jail time. Also, depending on the kind of order you are trying to enforce, you may be able to file a motion for contempt.
How can I protect my assets and interests before getting married or entering into a non-marital relationship?
If you are getting married, a prenuptial agreement can be used to protect assets and interests before entering into a relationship. If you are just moving in together, a cohabitation agreement can function similar to a prenuptial agreement. Be careful if you have already entered into a cohabitation agreement and then decide to get married. If so, you will likely need to enter into a new agreement prior to marriage to maintain any rights or responsibilities outlined in your cohabitation agreement.
Do I need a lawyer for my Family Law case?
While it is possible to represent yourself in a Family Law case, it is generally recommended to hire a family law attorney to help protect your rights and interests. In many cases, a significant amount of preparation can be performed independently, and then reviewed with a lawyer for a few hours to confirm all documents and case matters are legally accurate. Whether you’re looking for significant representation or a quick doc review, having a family law attorney involved will ensure your case goes smoothly and nothing is missed.