SHOULD I MOVE OUT OF THE MARITAL RESIDENCE?
You should consult with family law attorney, Michele L. Roberts, ESQ, or an attorney who knows family law, before moving out of the family residence. You should discuss with her, such as (1) Is your name is on the deed to the family residence?; (2) Do you pay (or contribute toward) the mortgage on the family residence?; (3) Has your spouse threatened to harm you, or has harmed you, and (4) Do you and your spouse have minor children who reside in the family?
To start the divorce (dissolution) process, you or your spouse will need to file a Petition for dissolution with the court, and will need to pay a filing fee when filing the Petition. The Petition and accompanying documents will then need to be served on your spouse. You should consult with divorce attorney, Michele L. Roberts, ESQ, before filing a Petition for dissolution.
WHAT IF I DO NOT WANT A DIVORCE?
Your spouse has every right to be divorced, even if you want to remain married. You might suggest that you and your spouse go to marriage counseling, before your spouse files a Petition for dissolution.
CAN YOU MODIFY CHILD SUPPORT ORDERS?
When considering child support orders, the court takes several factors into account when ordering child support payments, such as the number of children, the net incomes of both parents, along with the percentage of time each parent has physical custody of the children. The court considers the tax filing status of both parties and may consider hardships, such as a child of another relationship. An existing order for child support may be modified when the net income of one of the parents changes significantly, the parenting schedule changes significantly, or a new child is born.
CAN I DENY MY EX-SPOUSE VISITATION?
In almost all circumstances, you should not deny your spouse (or ex-spouse) visitation, if there is a court order allowing your spouse (or ex-spouse) time with your minor children. It is not advisable to violate any court’s orders, as there can be very serious consequences. You should consult a family law attorney, such as Michele L. Roberts, ESQ, if you believe your children should not spend time with your spouse or ex-spouse.
HOW DO I GET CUSTODY OF MY CHILD OR CHILDREN?
The first step is for you to file a request with the court for orders regarding custody of your minor children. Upon receiving your request, the court will set a date for a hearing on the child custody matter. Your request will need to be served on your spouse in advance of the hearing. Your spouse will have an opportunity to respond to the material contained in your request. The court will consider the information you have provided in your request, as well as the information provided by your spouse in response to your request. At the hearing on your request for custody orders, the court may ask you and your spouse questions to further clarify the facts of your case. The court may have a mental health professional help the court with its decision regarding custody of your minor children.
WHAT IF I DO NOT LIKE THE JUDGE’S DECISION?
It is not advisable to violate any court’s orders, as there can be very serious consequences. If you would like to try to change court orders that are not favorable, you should consult with an attorney, such as family law attorney, Michele L. Roberts, ESQ.
HOW IS SPOUSAL SUPPORT (ALIMONY) CALCULATED?
There are two types of spousal support: temporary and permanent. Temporary spousal support may be ordered by the court for the period after the filing of the Petition for dissolution until ultimate resolution of the matter (by trial or otherwise). Permanent spousal support may be ordered when the dissolution proceedings are coming to a close (at trial, for example). Temporary spousal support is primarily based on both parties’ incomes, but other factors are also part of the calculation. A computer program is typically used to calculate temporary spousal support. Permanent spousal support, on the other hand, is not calculated using a computer program. There are 14 factors that the court should consider in determining permanent spousal support. If you and your spouse are unable to agree on the amount of spousal support that is to be paid by one spouse to the other, the party seeking spousal support should file a request for spousal support with the court. You should consult with an attorney regarding spousal support. Consider contacting the law offices of Michele L. Roberts, ESQ, 702-358-0620.