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Family law is the area of law that deals with family relationships. Although the most common family law matter is divorce (known as “dissolution of marriage”), family law includes many other issues such as spousal support (alimony), division of marital assets, child custody and visitation, and child support.
Family law issues often create profound stress and are often the beginning of major life changes. Perhaps the most significant and prominent professional to play a role in any divorce is the attorney.
Our firm works closely with you and your family members to fashion agreements on these difficult issues that will work for you. We understand that every family is different, and that every client deserves personalized legal solutions. We take the time to get to know you and understand your particular circumstances.
In keeping with Diefer Law Group's mission of providing the highest quality legal services at reasonable rates, we offer a FREE initial consultation with one of our attorneys and flexible payment plans.
Call us at 1-800-589-9901 to schedule an appointment at one of our offices.
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Child Custody and Visitation |
Custody of minor children (those under 18 years of age) is often a major issue. Before the separation, each parent enjoyed full custody of the minor children. After the separation, custody of the minor children is divided between the spouses. As a result, custody of the children is divided and the result can be a 60/40 time share, 50/50 time share, or it could be divided on some other percentage basis. The parties can agree to an appropriate time share or the court will order a time share that is in the "best interest of the children."
The care and upbringing of children following divorce is often an ongoing source of conflict for divorcing parents. Custody must address both physical custody, or the rights and responsibilities regarding the day-to-day care and activities of their children and legal custody, or the legal rights and responsibilities associated with the child's upbringing. A couple can agree to an arrangement. If no arrangement can be reached, the court determines one for them. Courts are favoring joint ongoing child rearing responsibilities, with the children residing where it is most practical and where they will flourish best.
Divorcing couples often tackle custody and visitation issues as soon as they separate. Courts generally honor any custody agreements divorcing parents reach regarding their children. When custody is contested, most courts will require parents to participate in a mandatory mediation session. If mediation is unsuccessful, the court will determine custody. Though rules differ from state to state, most courts generally reach decisions about custody and visitation after considering what arrangement will serve the best interests of the child.
Except when parties agree otherwise, courts often impose standard visitation and custody orders. A typical visitation schedule allows a non-custodial parent to see the children one night a week, every other weekend and some portion of school and summer holidays. In order to change a court-ordered custody and visitation scheme the parent seeking the modification must show a substantial change in circumstances. Some states will only consider a request for modification within two years of an original custody determination if there is a showing that the child is endangered by the current arrangement. In order to prevent parents from shopping for friendly rulings in different states, some states will only consider custody-related requests if the child has been a resident of the state for six months or longer.
For more information and a free consultation with one of our experienced attorneys call us at (800) 589-9901.
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Child support is ordered pursuant to a complex formula that involves many factors, two of the most important of which are the time share percentage each parent has with the children and the absolute and relative incomes of the parties.
Biological parents must financially support their children. That obligation usually lasts until the child reaches "the age of majority" (18 years) or becomes self-supporting. The responsibility to provide support in the form of regular payments generally arises when one parent has primary custody of the child. An order for child support may be entered during or after a divorce. Either parent may be ordered to pay support depending upon how custody is arranged. An unmarried mother may also file a petition for child support in family court and an order for support will be entered once paternity has been established.
In every state, the amount of support is set after the needs of the child and the parent's income are assessed through the use of state specific guidelines. The paying parent must regularly make the ordered payments. Failure to remain current with child support obligations exposes the paying parent to significant penalties.
Once support has been ordered, both parents have the right to request changes. Paying parents face a difficult time when making a request that support be reduced. Even if a paying parent's current income is insufficient to meet their support obligations, a court may impute a higher earning capacity to them and order support based on that higher earning power. Because of the state specific requirements involved in child support, parents can benefit from the advice and involvement of an experienced family law attorney when child support issues arise.
Child custody and support are two of the most contentious issues in many divorce proceedings.
For more information and a free consultation with one of our experienced attorneys call us at (800) 589-9901.
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A divorce is a method of terminating a marriage between two individuals. As such, a divorce ends the marital union and it gives each person the legal right to marry someone else. It also legally divides the couple's assets and debts and determines the care and custody of their children. Each state addresses these issues differently.
All states require a spouse to be a resident of the state (often for at least six months and sometimes for as long as one year) before filing for a divorce there. Someone who files for divorce must offer proof that he has resided there for the required length of time. If you think that your spouse will file for divorce in another state, it is prudent that you retain an attorney and file first.
Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses. Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support must be filed in the original state. This could keep you traveling out of state.
Together with our clients, we create a plan and a budget to ensure that we have a mutual understanding of the expectations and risks associated with divorce or other family law issues.
The primary issues to be decided during a divorce are alimony or spousal support, division of marital assets, child custody and visitation, and child support. When spouses agree, they can usually obtain a divorce quickly. More typically, however, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children.
For more information and a free consultation with one of our experienced attorneys call us at (800) 589-9901.
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Division of Marital Assets |
Each state has different laws regarding division of marital property. Thirteen states follow the community property system, where marital assets are split equally (California is a community property state). Any award of alimony, or ongoing financial support from one spouse to the other, is made in conjunction with the distribution of property. Property division and alimony are often hotly contested and failure to seek legal advice can result in one spouse having to pay an unfair share of child support or spousal support.
As such, getting early advice by one of our experienced family law attorneys can greatly impact the ultimate result.
For more information and a free consultation with one of our experienced attorneys call us at (800) 589-9901.
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One party may be awarded spousal support from the other party. Whether or not spousal support is awarded is a complex issue and involves numerous factors. Some of the more important ones are the length of the marriage, the age and health of the parties, the skill levels of the parties, and the present income and historical income of the parties. The underlying questions are the ability of one party to pay spousal support, the need of the other party for spousal support, and the ability of each spouse to be self-supporting. The parties may agree to the amount and duration of spousal support or may even agree to a lump-sum buyout. If the parties cannot agree, the court will make orders for the amount and length of spousal support, or may reserve the issue or terminate either or both of the parties' rights to receive support.
For more information and a free consultation with one of our experienced attorneys call us at (800) 589-9901.
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