Family Law

We try very hard to settle cases because this is usually best for everyone involved. However, sometimes it is necessary to go to trial because one spouse will not be reasonable. There are various ways to put pressure on the other side to reach a reasonable settlement, including a judicial settlement conference with a Judge. This is an opportunity for a Judge to informally speak with both sides about the disputed issues and try to help them understand that they are better off reaching an agreement than having a Judge make a decision that they may both dislike.

We will provide you with an easy to read fee agreement. The court filing fee for divorce is $336.00. The total legal fees for a divorce depends on the issues involved and whether it is contested or uncontested. Our usual retainer fee is $2,000.00 which includes the filing fee. The retainer must be paid before we can accept your case. We take VISA and MasterCard for payment of fees. Many times family members are willing to help out.

The legal fees are determined on the basis of $195.00 per hour for attorney's time and $95.00 per hour for paralegal staff time. Time records are kept on the basis of one tenth of an hour or six minute intervals. The retainer is kept in our Clients' Trust Account until you are billed for legal services. Our fee agreement authorizes us to withdraw money from the trust account to pay your bill each month.

You must replenish the retainer each month to maintain a minimum balance of $500.00 in our Clients' Trust Account. If there is money remaining in the trust account when the legal services are completed, it is refunded to you.

Of course, the legal fees for handling your divorce case increase the further it proceeds towards a trial. A contested case will cost more than a simple, uncontested divorce.

If a trial is scheduled in your case, the fee agreement requires that you deposit an additional trial deposit in the trust account no later than 60 days prior to the date scheduled for the trial.

The legal concept of custody determines how decisions are made about your children. Parents who have joint custody agree that all major decisions concerning their children will be made together. If a parent has sole custody of the children, all major decisions are made by that parent.

Joint custody can exist only if both parents agree. If either parent opposes joint custody, the Court has to decide which parent should have sole custody. If your case proceeds to trial because you and your spouse cannot agree on who should have custody, the court cannot order joint custody.

Often, one of the first issues in a divorce case is temporary support and payment of debts. If you and your spouse cannot agree on these issues, we will file documents to ask the court to order payment. However, it usually takes the court 3 - 4 weeks from the date the other party is served with the divorce documents before an order for temporary support and payment of debt can be entered.

If you and your spouse cannot agree on a fair division of your assets, the Court will do it for you. Fairness and equity are the keys to a property settlement. Remember, everything has to be divided, including your home, personal property such as furniture and appliances, investments, business interests and retirement plans.

A divorce involves serious legal consequences for your future. Property and debts have to be fairly divided. Child custody and support as well as spousal support may have to be determined. You and your family could be living for years with the results of the decisions you make in the dissolution of your marriage.

We think that this is a time in your life when you need good, experienced legal advice and assistance the most. Making a mistake in your divorce paperwork can be extremely costly. It is easy to miss an important issue that will be costly or even impossible to address later. Why try to practice law if you are not an attorney?

Yes. All divorce orders that include children, custody or support can be modified by the court or by the agreement of the parties. Property settlements cannot be modified unless there is evidence of fraud such as concealment of assets.

Call or write to schedule an appointment to discuss your case, sign a fee agreement and start on the necessary paperwork. We know that we can help you and your family make it through this difficult time.