Multi-State Family Law Lawyers at Stange Law Firm

What is Domestic Relations Law?

Domestic relations law refers to the practice of helping individuals with family relationships. It includes helping families pick up the pieces of their lives while guiding them through this difficult time. Family law matters may include the dissolution of marriage, child custody and child support matters, adoption, paternity, and fathers’ rights issues. Due to the nature of these matters, domestic relations cases often become very emotional and strenuous for the parties involved. Our attorneys are there to assist their clients through this challenging process. Family law practice may involve any of the following topics:

Dissolution of Marriage Process

Dissolution of Marriage is the process of breaking the bonds of marriage. When parties get married, they form a legal relationship. If they decide they no longer wish to be part of this relationship, they must file the necessary paperwork with the court.

The rules and procedures may vary based on the state in which the dissolution is being filed. While all states allow for no-fault dissolutions of marriage, some states require a period of separation. Please note that most states also have residency requirements that come into effect when filing for dissolution.

Each state has its guidelines for dividing assets and debts in a dissolution of marriage, but most states have similar rules. In most cases, the court looks to make an equitable division of the assets. This doesn’t necessarily mean dividing the assets is equal for both parties. The court can look at the parties’ contributions to the marriage, the length of the marriage, and the needs of each party after the dissolution of marriage. Misconduct such as infidelity or domestic abuse can also play into the court’s decision regarding property and debt division and spousal maintenance.

Dissolution of Marriage is Civil Litigation

Dissolution of Marriage cases are heard in state court. Similar to other forms of civil litigation, parties may work to gather evidence through depositions, interrogatories, and subpoenas. Parties may also participate in mediation sessions, the collaborative process, and other forms of conflict resolution. In many scenarios, cases may settle before a trial. However, some cases involving contested divorces, high assets, and other factors may require a trial.

Maintenance and Spousal Support

One of the most challenging issues in a divorce case is often maintenance and spousal support (previously referred to as alimony). Some states use a formula to determine the amount of support. In other cases, it’s left to the judge’s discretion. Even in cases where the court uses a formula, it’s still essential to ensure that the court follows the proper procedures to arrive at the correct amount of support.

One of the considerations for spousal support is the length of the marriage. Other factors include the parent’s ability to pay support and the amount of debt jointly accumulated. The court also considers the parties’ age and ability to work. Finally, they consider the misconduct of either party. The family lawyers at Stange Law Firm, PC, work to present evidence of these factors to the court to achieve the best possible result.

Pre and Post-nuptial Agreements

A prenuptial agreement is a contract that parties sign before they get married. Prenuptial agreements should contain detailed descriptions of each partner’s significant property and debts. Depending on the nature and complexity of these assets, a prenuptial agreement can range from just a few pages to a few hundred. At Stange Law Firm, we draft each prenuptial agreement to meet the exact needs of our clients. Some matters can’t be included in a prenuptial agreement, like child custody and child support agreements. Otherwise, the parties can create an agreement that outlines matters like separate property, distribution of assets, and spousal support in the event of a divorce. When the parties enter into this kind of agreement after they get married, it’s a postnuptial agreement.

Parenting Time/Visitation

Parenting time, also referred to as custody, is one of the most challenging and emotionally complex areas of family law. When it comes to the custody of the child, most states base their decisions on the child’s best interests. The court considers which parent has the greater relationship with the child, whether or not each parent can provide a stable home environment for the child, and whether either parent has a history of substance abuse or a criminal background.

The court will usually follow this agreement if the parents can establish a parenting plan. However, if the parents cannot agree, the domestic relations lawyers at Stange Law Firm, PC will present evidence to the court regarding the child’s best interests. This might involve presenting school records, the testimony of a psychologist or substance abuse counselor, criminal records, and even medical records. Our attorneys will work to gather the necessary evidence, while also ensuring to consider the rules of evidence applicable in the particular local jurisdiction.

Legal and Physical

Most states divide custody into legal and physical. Physical custody refers to who has the child’s physical care and supervision at any given time. Legal custody is who makes major decisions about the child. Physical and legal can be shared between the parties, or the court may award sole custody to one of the parents. It’s also possible to share one type of custody without sharing the other. Some states, however, refer to physical custody as parenting time, while legal custody is the allocation of parental responsibilities.

Family lawyers must understand how the courts determine custody in their jurisdiction because rules between states can vary slightly. The family lawyers at Stange Law Firm, PC, help their clients understand the law and form realistic expectations, enabling them to make informed decisions as their case progresses.

Child Support

Children have the right to support from both of their parents. The purpose of child support is to provide the child with financial resources as if their parents lived under one roof, although it is common in most child support matters that the child’s parents live in separate households. The courts presume that the parent who cares for the child will provide direct support.

Each state has its own formula for calculating proper child support amounts. Most of these formulas factor in each parent’s income, the allowable tax deductions and other expenses, a child’s health insurance expenses, and whether they have childcare needs. Certain states also factor in how much time each parent spends with the child, although this is not common practice by all states.

The family lawyers at Stange Law Firm, PC, work closely with their clients to ensure that child support is calculated fairly and accurately. If the other parent attempts to hide income or is unemployed by choice, an experienced family attorney can assist their client in showing the entire situation. A family lawyer also reviews the calculations made by the court to ensure that no errors were made that could result in an unfair and inaccurate calculation of child support.

Abuse and Neglect Proceedings

Another sensitive area of family law practice involves abuse and neglect. If the state is under the assumption that a parent is not able to properly care for a child, they may choose to begin abuse and neglect proceedings. The state may represent a parent accused of abuse or neglect, or they might even represent a child.

When family lawyers represent clients in abuse and neglect proceedings, they are working to help defend their clients against the reports of abuse or neglect, or they are helping their clients regain custody of their children by assisting them in complying with services and other requirements. Because the standard for terminating parental rights is high, family law attorneys work hard to advocate for their clients when the state seeks to terminate those rights.

Do I Need An Aggressive Domestic Relations Lawyer?

Sometimes, individuals indicate that they want an aggressive family lawyer to represent them in their case. The reality is that aggression is rarely persuasive to a family court judge. What most clients should seek in a family law attorney is somebody who zealously represents their interests and provides competent, communicative, and diligent representation.

What About the Cost?

Some clients have questions about the cost of their dissolution of marriage and domestic relations matters. For individuals with questions, please refer to our FAQ page.