The divorce process marks the end of one part of your life and the beginning of a new one. Directly confronting and resolving the issues during your divorce process will prepare you for a successful new life. Neglecting these issues can lead to personal and financial problems in the future that will require more of your time, money and energy to resolve. Most people find that facing and dealing with problems they encounter early in the divorce results I fewer problems later on.
During your divorce process, the court will expect you to deal with and resolve the division of your community property, the custody and support of your children and whether there will be the payment of spousal support. At Mary Katherine Boyte, P.C., we take pride in carefully and thoroughly addressing all of these issues and crafting solutions to minimize future problems as you begin your new life.
Dividing community property is one of the most important tasks to be accomplished during the divorce/separation process. Once a final decree is entered, courts are without the power to change the property division in the decree. That means that there is only one chance to divide property in a fair and favorable way
Our attorneys and staff have years of experience dealing with very complex property division issues, including business interests, retirement and pension plans, and real property. We will work to achieve a property division that allows you to move forward after divorce with the most security possible.
Divorce can be financially devastating for couples. Instead of sharing a home and expenses together, couples are placed in a situation where they must maintain separate households while continuing to manage their joint and individual debts and expenses. In some cases, the court will consider an award of maintenance (formerly known as “alimony”) to assist a spouse who is without the ability to meet those expenses. There are no mandatory guidelines for the award of spousal maintenance, so the decisions as to whether to award maintenance and, if so, how much and for how long, is left entirely to the judge or the agreement of the parties. Our attorneys have handled literally hundreds of cases involving questions of maintenance and can bring this experience to work for you.
Domestic Violence/Orders of Protection
Unfortunately, violence and inappropriate behavior often occur in close relationships. When it does, additional seriously legal problems can arise. Our attorneys and staff have handled hundreds of cases involving allegations of domestic violence and have obtained and defended many orders of protection. We have also successfully represented spouses who have been wrongly accused of domestic violence.
Post-Decree Modifications and Enforcement
Sometimes the final decree is not the end. Things can change after the decree that effect the amount and payment of child support and spousal maintenance. In most cases, it is not possible to retroactively modify these orders. You must take action quickly in order to ensure that you are paying or receiving the proper amount of support.
Sometimes, circumstances change after the Decree which make it appropriate to consider a change in the terms of child custody orders or agreements. Courts do not automatically grant hearings to modify custody orders, so it is necessary to thoroughly and properly prepare your request for a custody hearing so that the Court properly understands the need for a hearing.
You need an attorney familiar with the law and rules who can quickly and effective handle these matters. Our attorneys and staff have handled hundreds of post-decree modifications and will bring that knowledge and experience to you.
Enforcement of Orders
There are times when parties do not follow their agreements and the orders of the Court. When that occurs, decisive action is needed to enforce the Court’s orders. Courts do not monitor or enforce their own orders, but rely upon the parties to bring to the court’s attention a party’s failure to follow the orders. The law provides numerous avenues for relief when someone is not following court orders. Our lawyers and staff are familiar with these options and will take decisive action to make everything possible is done to ensure that you receive the benefits the court has awarded to you.