FAMILY LAW SERVICES

DOCUMENT PREPARATION

Divorce Pleadings- Petition or Answer

Every divorce matter begins with the filing of a Petition for Divorce.  The Petition includes information concerning the parties (and children), the cause for the divorce, and the relief being requested by the Petitioner.  An Answer to a Petition for Divorce responds to each of the allegations by either admitting or denying the allegations and also states the relief being requested by the Respondent.

Financial Statement

A Financial Statement must be filed in all divorce matters.  The Financial Statement is filed at the same time the Petition or Answer is filed.  The Financial Statement includes information regarding the party’s income, assets and liabilities.  In some cases, the Financial Statement must include copies of paystubs, tax returns, and W-2’s.

Property Settlement Agreement- Agreed or Proposed

When a marriage dissolves, the family court judge will make a determination about how to divide the assets and debts of the parties through a process called equitable distribution.  Equitable distribution does not mean that everything is divided equally, but it does mean that the division should be fair.  There are a number of factors to be considered when dividing marital assets and liabilities.  It is important to know your rights. 

Oftentimes, parties are able to reach an agreement about how to divide their property.  These agreements can be submitted to the court in writing in a document called a Property Settlement Agreement.  When an agreement is submitted, the judge will review and, most likely, approve the agreement with no further court involvement.  If the parties cannot reach an agreement, the judge will decide for them.

Prenuptial Agreements

A prenuptial agreement is a written contract entered into between two people prior to marriage. Prenuptial agreements can define the property rights and obligations of parties in the event the marriage ends either by divorce or death. Prenuptial agreements aren’t just for the wealthy- anyone who wants to clarify financial and property issues, including spousal support and debt, should consider a prenuptial agreement prior to marriage.

Parenting Plans - Agreed or Proposed

A Parenting Plan must be filed in all divorce or custody matters involving children under the age of 18.  A Parenting Plan can either be filed as a proposed plan submitted by one party or an agreement submitted by both parties.  Parenting plans may be temporary or permanent.

Custody Pleadings

Custody pleadings are requests to the family court for a determination regarding where children will live, how much time they will spend with each parent, and who will make decisions for the children.  Common custody pleadings are Petitions to Establish Custody and Petitions to Modify Custody.   

Child Support Pleadings- Modifications

Most requests for child support are made when a party files for a divorce or files a petition to establish custody.  A party seeking only to receive a child support award with no request for a custody determination can file a Petition to Establish Child Support.  However, often times, an existing child support amount needs modified due a change in income or a change in the child’s residential schedule.  A Petition to Modify Child Support is the document used to request a change in child support.           

DOCUMENT REVIEW

Document review is an important service when a party needs to ensure that a document prepared by them or by the opposing party is legally sound and accomplishes the purpose for which it was drafted.

ADVICE OR COACHING

Often times, a meeting with an attorney who understands the family court process is all that is needed.  A party may be looking for advice on how to file a petition, general information about a certain area of law, what their rights are, or a discussion involving possible pros and cons to aid in the decision-making process.   

ATTENDANCE AT HEARING OR SETTLEMENT CONFERENCE

Appearing before a family court judge can be intimidating, especially if you don’t have an experienced family law attorney to speak on your behalf.  Even in the best of circumstances, it may provide peace of mind (or win your case) by having the counsel and guidance of an attorney during a hearing or a settlement conference.       

APPEALS

A party may file a Petition for Appeal from a final order of a family court.  The Petition for Appeal includes the grounds for appeal and the facts supporting those grounds.  A memorandum of law in support of the appeal may also be filed at the same time the petition is filed. Representation is provided throughout the appellate process, including oral arguments and remand hearings.