Divorce cases involve the dissolution of a marriage between two people. The dissolution deals not only with the ending of the marriage, but also the division of the marital estate and the confirmation of any separate estates of the parties.
If there are children involved, the divorce also deals with the child related issues.
When you have an order that is not being followed by one party, the non-offending party may file a suit to enforce it. Enforcement proceedings relate to payment of child support, possession of and access to the child, as well as delivery of property awarded to a party.
There are two general types of child custody cases. The first is a suit to adjudicate parentage and the second is a suit affecting parent child relationship.
The suit to adjudicate parentage is used when the parents are not married to each other. The purpose of this type of suit is to legally acknowledge the father of the child and to set out an order regarding the parenting of the child.
The suit affecting parent child relationship is used when the parents of the child are already acknowledged but are not longer living together as a family. Once a family separates, this type of suit sets out the parenting of the child after separation or divorce. Parenting includes rights and duties of the parents, possession and access, and child support, among other things.
Each parent has an obligation to support his or her children. When parents are not married or do not live together as a family, they may need a court order relating to the support of the child.
Child support includes the typical monthly cash payment from the noncustodial parent to the custodial parent, the payment of health insurance premiums for the children, and the payment of unreimbursed medical expenses for the children.
When you have an order regarding the children and it is not working any longer, you may ask the court to modify that order. Modification suits generally include modification of conservatorship, possession and access, child support, or health insurance.
Pre- and Post- Marital Agreements
Pre-marital and post-marital agreements protect a client’s assets and relationships. The pre-marital agreement – also called a pre-nuptial agreement –is drawn up between prospective spouses before the marriage takes place, and can establish a foundation of respect and trust for the talent and accomplishments of two individuals blending their lives.
Pre-marital agreements are becoming customary in many second marriages, and in marriages between spouses who marry later into their adult lives.
Post-marital agreements are executed after the day of marriage. Post-marital agreements are often sought when a significant change in the financial position has taken place for one or both of the parting spouses.