DIVORCE
Divorce is the legal termination of a marriage. The issues
generally involved in a divorce include: (a) child custody,
visitation and support; (b) property characterization, valuation
and division; (c) spousal support; and (d) attorney's fees
and costs.
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PRENUPTIAL
AGREEMENTS, POSTNUPTIAL AGREEMENTS and COHABITATION AGREEMENTS
Engaged, married or cohabiting couples may enter into agreements
defining their property rights, and depending upon the type
of agreement, their support and other rights and obligations.
Such agreements require special expertise and attention.
A well drafted agreement may serve as the foundation of
an estate plan and may reduce the cost and uncertainty of
litigation, should the marriage end by divorce.
The rise of non-traditional family units is widespread.
The problems which arise from single parent adoptions, artificial
insemination and cohabitation are as complex and heartfelt
as any which arise during marriage and, indeed, in some
ways are much more difficult since the rules are less-well
developed. This area of the law is developing at a fast
pace throughout the United States.
(If you feel you and your spouse or fiancé or significant
other cannot have a discussion about your finances, you
may want to think about whether your relationship is mature
and sound enough for marriage or cohabitation. We leave
that to your sound discretion.)
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POST-DIVORCE
MODIFICATIONS IN CUSTODY AND VISITATION
Including the seeking or defense of a relocation of the
children outside of the state. At any time during the minority
of the children, custody or visitation may be modified if
there has been a material change of circumstance which makes
a different custodial or visitation arrangement to be in
the best interests of the children.
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POST-DIVORCE CHANGES IN ALIMONY OR CHILD SUPPORT
Child support may be reviewed every three years, or sooner
if there has been a material change of circumstance warranting
a different level (up or down) of support. As a general
rule, alimony is modifiable (up or down), upon establishment
of a material change of circumstance.
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ADOPTION
AND TERMINATION OF PARENTAL RIGHTS
We do not seek or place children for adoption, but we do
handle adoptions which go through a licensed adoption agency.
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COLLECTION
OF UNPAID ALIMONY AND CHILD SUPPORT
Generally, you may utilize the services of the Family Support
Division of the District Attorney's office to collect child
support. You also have the right to collect it through private
means. However, before this firm would undertake collection
of alimony or child support arrearages, the amount due would
have to be significant to warrant the fees.
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MATTERS
TOUCHING ON FAMILIES
We will review any problem or question you may have relating
to family relations.
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OTHER
MATTERS
We will review interesting personal injury actions; wrongful
death claims; and other torts.
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Disclaimer
These materials have been prepared by Silverman, Decaria
& Kattelman for informational purposes only and are not
legal advice. Transmission of the information is not intended
to create, and receipt does not constitute, an attorney-client
relationship. No person should act upon this information
without seeking professional counsel.
