It is a good idea to have a lawyer who can focus on getting your family law dispute resolved without too much disruption to your life so that you can move on and deal with the things that really matter. At the same time, your lawyer needs to be prepared to stand up for what is best for you and your family if a settlement is not possible.
Divorce and Separation Agreements
Divorce and separation agreements often go by different names: sometimes they are called interspousal contracts or agreements, settlement agreements or some combination of those. A separation agreement can be an excellent way to resolve matters between yourself and your former spouse. It is best when a separation agreement can resolve everything at once – including matters relating to children, property, support and anything else – but even if you are unable to agree on all matters, a separation agreement can resolve some things only and leave other matters to be dealt with through other forms of dispute resolution – whether through mediation, negotiation or in court.
Custody and Access Disputes
Matters involving disputes over custody of an access to children can be very stressful, and it helps to have a lawyer who understands the law and the court system, who can advise you so that you can make the best decisions possible for yourself and your children. The law says that the most important question in any custody and access matter is the question of what is in the best interests of the child or children; however, because every child is unique, the answer that question has to be answered according to what is best for each child.
Sometimes in civil litigation cases it is necessary to get an expert to help you by giving evidence on a certain issue: for example, to put a dollar value on losses due to an injury, or damage to property, or to prepare a report on the value of real estate or goods in dispute. Experts can help by giving their unbiased opinion on specific matters, which often helps the parties come to an agreement, or helps the court make a decision.
If one parent wants to move away with the children and the other parent is against that, it is called a mobility issue. These can be very difficult types of family law disputes because one parent wishes to take the children to a new city, province, or country for work or other reasons, while the other parent does not want to lose contact with the children and wants to see them keep living in the environment that they are used to. If you have a family law case that involves mobility, we can help you.
Sometimes in family law cases it is necessary to get an expert to help you by giving evidence on a certain issue: for example, to give a custody and access assessment, or to prepare a report on the valuation of a house or the value of a pension. Experts can help by giving their unbiased opinion on specific matters, which often helps the parties come to an agreement, or helps the court make a decision.
Child and Spousal Support
Child support is governed by a law called the Federal Child Support Guidelines. It is supposed to be simple and straightforward; however there some times when it is more complex. These might include where a child lives with each parent approximately half the time, where a child is over 18 years old but still requires child support for educational or health-related reasons, where there is a large amount of special expenses for a child, or other cases. Whatever the situation we can provide help and advice to ensure that you understand your children’s rights to support and the obligations of yourself and the other parent.
Spousal support is often more complex and less predictable than child support. There are legal guidelines and many court cases on the subject, but still every family’s situation is unique and it is very important to have a full understanding of all the law and facts before starting a negotiation or going to court regarding spousal support. If you have a claim for spousal support, or if it is being claimed against you, or even if you are not sure what your rights and obligations are, call or email us to set up an appointment.
Cohabitation and Pre-Nuptial Agreements
Cohabitation agreements and pre-nuptial agreements can be very valuable for all types of couples, as they can’t help minimize the possibility of disputes in the future, whether as a result of a separation or divorce or from the death of one person. Cohabitation agreements are not just for wealthy people; in fact, they can be very useful for people with limited income and property, who want to make sure they know what will happen in the event that the relationship ends and protect against the danger of possibly losing their property, or part of it, in a future court proceeding. Cohabitation agreements can be an essential part of planning for the future. Call or email us to set up an appointment to discuss.
Property Division
Many people do not know how the law of family property division affects them. Some people think that in the event of a separation or divorce, any and all property – and debts – will simply be divided equally; however, it is almost never as simple as that. The law treats various types of property differently, and it often depends when, how and why some types of property were acquired. There are often complex considerations about the proper value to assign to some property, the correct date to use for valuation, and possible tax consequences that could flow from selling the property in the future. Our office can help you with all family property division matters so that you can make an informed decision and arrive at a fair resolution.
Adoption
Our office can help you with adoption, whether you are interested in welcoming a child into your household, or officially becoming a parent to child that is already a part of your family.