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| Tuesday, May 13, 2008 | Home || Careers || Directions || Contact |
Divorce
The attorneys at Cordell and Cordell view the marital relationship as a serious matter and recognize a spiritual dimension to marriage that makes the goal of saving it, if possible, very important. But not all marriages can be saved. Sometimes our clients are captive to a divorce process initiated by their spouse. Though they may not desire the divorce, they must take steps to protect their interests and those of their children.
The inherent bias of the court system in favor of women further exacerbates divorce for many men. Given that you will be fighting an uphill battle, your overarching objective must be to obtain the best possible result. You owe to your kids the most they can have of you - your time, your wisdom, and your participation in their lives. You owe them the best possible outcome. By focusing exclusively on family law and fathers rights, we at Cordell & Cordell are able to hone our expertise so as to provide our clients the best possible representation.
Legal Separation
Legal separation is a Court process designed to define the important rights and obligations between spouses when they live apart, but do not want divorce. The decree for legal separation establishes rules between the spouses regarding such issues as child custody, visitation, and spousal maintenance (alimony). It also divides property and usually debt. However, unlike divorce, the marital bonds are not severed and the spouses continue to be husband and wife.
If, at any time during the legal separation, or thereafter, either spouse believes that the differences between them are irreconcilable, he or she may file a motion to convert to a dissolution of the marriage.
Child Custody
Child custody refers to the rights and obligations between parents, regarding their children, after a divorce, legal separation, or paternity decree. There are two independent types of custody. Physical custody refers to the amount of time each parent is permitted physically with a child. This may be sole, primary, or joint custody. Legal custody refers to a parent's decision-making rights regarding a child's health, education, and welfare. It, too, may be sole, primary, or joint custody.
Often, the Court designates one parent as the primary physical custodian--giving the other parent a schedule of temporary custody and visitation. In some cases, however, the Court orders a joint legal and physical custody, by which, both parents have substantial access to their children. The Court's decision in a particular case is based upon, among other things, the child's wishes, each parent's historical nurturing role, and the relative circumstances of the parties going into the future.
At Cordell & Cordell, we regard it as a basic truth that father-child relationship is as important as the mother-child relationship, and that gender-based discrimination in family court is unconscionable. Representing a father in a custody case is a challenging task requiring skill and experience. In a system seemingly predisposed against them, men can only hope to succeed by using all the help available to them, both legally and strategically. Cordell & Cordell has built its practice on helping men do just that.
Child Support
Child support is the amount of money that a non-custodial parent must provide to the custodial parent to ensure the children have all the basic necessities. The amount of support is calculated using state-specific guidelines. It can entered into voluntarily or be ordered by a court or administrative agency. Failure to pay child support can lead to garnishment of wages, interception of tax returns, and even incarceration.
Depending on the final wording of a divorce decreee, expenses such as child care, educational and medical expenses, and certain extracurricular expenses can be either included into the amount of child support, or can be added to the final order. In certain states, the amount of visitation given to the non-custodial parent may diminish the amount of support ordered.
At Cordell & Cordell, we believe that both parents need to provide for their children while still being able to remain on stable financial ground themselves. For this reason, we work hard to ensure that child support is determined in an equitable way.
Spousal Maintenance
Spousal maintenance (alimony) refers to the Court-ordered money that is paid by one spouse to the other, for living expenses. The concept is based upon the presumption that both spouses enjoyed a certain standard of living during the course of their marriage which was an indirect result of both spouses' efforts. Maintenance is usually an issue only where a substantial disparity of income exists.
Not every divorce involves spousal maintenance. Ask your attorney at Cordell & Cordell whether spousal maintenance is an issue in your specific case .
Modification of Decrees
It's not unusual for ex-spouses to want to change a prior decree respecting issues of custody and support. A party seeking to modify his decree must show a substantial and continuing change of circumstances. Those circumstances may include dramatic changes in income, relocation to another state, or problems relating to the proper care of his minor children.
Cordell & Cordell will ensure that, to the extent possible, our clients' goals are achieved in light of the new circumstances while preserving those rights provided for in prior decrees.
Declaration of Paternity
When the parents of a child are not married at the beginning of the pregnancy or at the birth of the child, the father is legally without the rights and responsibilities of a parent. The father, mother, or a third-party on behalf of the child, must seek a declaration of paternity to legally establish a parent-child relationship with the father.
This process gives the father specific custodial rights while imposing upon him a legal obligation to provide specific financial support for the child.
Contempt Proceedings
This motion may be best explained by analogy. As we go about our lives each day, we are required to do so without violating any of a host of provisions called statutes. If you do violate one of these provisions (depending on its nature), you will be charged with a crime. You will be tried and, if found guilty, punished.
Contempt, like a crime, involves the violation of a provision, but unlike crime, the violated provision is contained in a judge's order rather than a statute. In both cases, however, the repercussions can be mild to severe, from a simple warning to incarceration.
For contempt to exist, the court must have issued an order. To be found in contempt, it is not enough to simply prove that the order was intentionally violated. It must also be shown that the accused party had the ability to comply. This second step is essential to fair play. For example, if a man is brought before the court on a motion for contempt for nonpayment of support but can demonstrate that he is unemployed through no fault of his own, he will not and should not be found in contempt.
An action for contempt may be based on a final divorce decree, as well as on temporary orders that have been put in place during trial. Judges usually take great offense to violations of these orders. At Cordell & Cordell, we caution our clients that, despite the temptation, the provocation, and the seemingly brilliant inspiration, they must not jeopardize their case by flouting the judge's orders. And likewise, any such behavior on the part of the opposing party must be brought to the court's attention as soon as possible.