SUBJECT MATTER SERVICES

A small sampling of questions for which you, as our client, will need and get practical and legal answers, and a clear explanation of the most cost-efficient path to those answers:

Divorce (and Annulment)

• Should I initiate a divorce or wait for my spouse to do so?
• When is the best time to initiate a divorce?
• How can I assure my divorce is amicable, or at least not very contentious?
• How long will the divorce process take?
• When, if ever, is an annulment available or preferable to a divorce?

Separation Agreements

• What must be included in a separation agreement?
• What else should be included in a separation agreement?
• What is the effect of a separation agreement before there is a divorce?
• Can we have an enforceable separation agreement but not get divorced?
• Must we each have and pay for independent lawyer(s) to make our agreement enforceable?
• What if my separation agreement contains terms that conflict with my divorce judgment?

Child Custody and Access

• What is the standard by which a court will determine custody of children?
• Is there a hierarchy of factors in a court’s decision on custody of, and access with, children?
• What is the most effective schedule for parents who want to share equal residential custody?
• In joint legal custody situations, what mechanisms are critical to smooth decision-making?
• Will the court consider a child’s wishes on her/his custody and access arrangement?

Child Support

• What are the components of a complete child support package?
• In divorce, which parent pays child support, and which parent receives it?
• How, if at all, may child support be modified upward or downward?
• At what age of the child is child support no longer required?
• When must child support be terminated?

Spousal Maintenance (Alimony)

• How are the payor and recipient of alimony determined?
• How are the amounts and duration of alimony determined?
• What are the criteria for upward or downward modifications of alimony?
• How, if at all, does alimony affect the amount of child support?

Equitable Distribution

• Does equitable distribution necessarily mean equal distribution of marital property?
• What factors may determine the percentage of distribution of each item of marital property?
• How is marital property defined, and distinguished from separate property?
• What are the ways, if any, that separate property can become marital property?
• What assets must be appraised by professionals?
• How are retirement funds/pensions handled?

Prenuptial and Postnuptial Agreements

• Under what circumstances is it advisable to have a prenuptial or postnuptial agreement?
• What, if any, subjects may not be enforceable in a prenuptial agreement?
• Should your lawyer be the first drafter or reviewer of a prenuptial or postnuptial agreement?
• May the payment of counsel fees be determined by a prenuptial or postnuptial agreement?

Post-Divorce Enforcement

• Is there a prescribed time to wait before returning to court to enforce a divorce judgment?
• Is there a statute of limitations on enforcement?
• What are the remedies for violations of the divorce judgment, and how are they prioritized?
• Under what circumstances can one get his/her counsel fees paid for enforcement?

Paternity

• How is paternity determined?
• What if I am determined to be the father? What if I am ruled out as the father?
• Is paternity sometimes presumed and, if so, under what circumstances?