The Collaborative Divorce process is designed to assist parties in resolving their case without the usual acrimony, emotional trauma, and financial devastation that many experience through the traditional court process.
Child Support
Child support is court-ordered payments that must be paid on a regular basis from one parent to the other. In order to assist with the financial costs of raising a child, the court will usually order the noncustodial parent to pay child support. This amount varies from case to case, and each State has its own guidelines on how child support is calculated. Child support payments must be paid until the child has reached the age of 18. If a parent fails or refuses to pay child support, they may face legal consequences such as wage garnishment, seizure of property, and even jail time.
Child Custody and Visitation
One of the most contentious issues that come up in divorce is child custody. In the midst of a difficult and emotional divorce, parents may lose sight of what is best for their child. The court system is set up to provide a solution that is in the best interest of the child. Everything from visitation rights to living arrangements is addressed in court. The lawyers at DKY Law are experienced and trained in handling all aspects of divorce including child custody. Our firm can provide assistance in mediation when it comes to child custody or represent you in court to obtain parental rights under family law.
Premarital Agreement
Guardianship
In family law, child custody is used to define the legal guardianship of a child under the age of 18. Each state has its own child custody laws, but in general, courts make their decisions based on what is in the best interest for the child. There are two types of child custody: physical custody and legal custody.
Spousal Support
Going through a divorce is a trying experience. This is something that should be handled by a qualified attorney to ensure that you get what is fair to you. In the state of California this may include spousal support. How this is determined is based on quite a few different things. Let’s take a quick look at what spousal support really is and the different types that are out there.
Legal Separation
In a marital dissolution (divorce) you file a petition requesting that the court terminate your marriage and decide all of the other issues in your case such as custody, support, and property division. In a legal separation action you file a petition requesting that the marital status remain intact (remain husband and wife), however, you can also request that the court decide all other issues in your case just as in a marital dissolution. Many people chose a legal separation for religious purposes, or when it is necessary to remain husband and wife so that a spouse can remain on the other spouse’s health insurance plan. The only difference is that in a legal separation the marital status remains intact.
Annulment
Only marriages that are not legally valid to begin with qualify for an annulment. The burden of proving the marriage was not valid falls on the individual requesting the annulment.