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Divorce & Modifications

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Disclaimer

Professional Associations

Estate Planning

Divorce & Modifications

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Divorce and Modifications

Divorce Process:

Determine client's expectations concerning:

• Division of property
• Assets
• Maintenance (similar to alimony)
• Child support
• Custody issues

File paperwork to initiate the divorce process:

• Petition
• Financial Statement
• Motions (if applicable)

Proceed on a case-by-case basis, which may include:

• Motions (bringing matter before the Court)
• Depositions (oral testimony) before a Court Reporter
• Interrogatories (answering written questions under oath)
• Settlement Conferences (at the Courthouse)
• Hearings, trial, and/or filing of an affidavit to obtain a Family Court Judgment

Modification Process:

• Determine changes to original Judgment client is seeking
• Determine whether there is a significant change in the child's or parent's situation to warrant a change in the Judgment
• Gather financial and other information from the client file the Motion to Modify
  File paperwork to initiate the modification process:
• Motion to Modify
• Financial statements
• Other Motions (if applicable)

Proceed on a case-by-case basis, which may include:

• Motions
• Depositions (oral testimony) before a Court Reporter
• Interrogatories (answering written questions under oath)
• Settlement Conferences at the Courthouse
• Hearings
• Trial, and/or filing of an Affidavit to obtain a Family Court Judgment

Paternity

• Parents (both mothers and fathers) who are not married to each other should have a judgment of parenthood for their child

Important issues in a paternity case:

• Were the biological parents married when the child was conceived?
• Were the biological parents married when the child was born?
• Was the mother married to a man who was not the child's father
• Has the mother of the child received state aid?
• Has an administrative agency made any determination of parentage of the child?
   
  The answers to the above questions will determine whether or how to proceed and will affect child custody, child support, rights, and obligations.

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