Family Law

Divorce, Modification and Enforcement

The emotions and facts that often are present in a divorce case require an attorney who can communicate effectively with his client as well as communicate his client's position to the other party effectively.

A divorce, on the basic level, is fairly dividing the assets and debts of the parties. When there are children, making provisions for the support and care of the children are paramount. The access and possession regarding children is also very important. That being said, the next level consists of the adjustment of the assets, debts and claims of the parties based upon such things as differences in age, health, education, length of the marriage and fault in the break-up of the marriage. Even possession of and access to the children can be affected by circumstances such as violence in the marriage, substance abuse by a parent or instability of a parent.

A divorce can be a very simple, agreed process. It can also be an acrimonious, painful, drawn out and expensive process. Each divorce is different. The parties' attitudes often determine the route the divorce takes. It is the attorney's job to educate his client as to the process and keep the client focused on the goal, which is the final decree of divorce.

Modification of divorce decrees is sometimes called for. Changes in circumstances may warrant an increase or decrease in child support. Behavior of a parent may justify modifying possession and access. The distance the parents live may justify changes in both support provisions and possession and access.

Enforcement of divorce decrees and modifications most often involve back child support and medical payments. The Court can put the offender in jail for up to six months. Interference with possession rights of a parent are also subject to an enforcement action and can result in jail time and even changes to the possession order. Failure to turn over property as ordered in a decree of divorce is also subject to an enforcement action.

Adoption

Adoption is one of the enjoyable parts of the practice of law. Whether the child is an infant or as tall as the parents, the dynamics that compel a person to take a child as his or her own is beautiful and heart warming. The lawyer helps by filing the necessary papers and notices, serving the necessary people, having the child's representative appointed, making sure the reports are completed by the family services agency and all closing documents are prepared. This process, when completed, results in a new family.

Frequently Asked Questions about Family Law