If you are facing a family law case, you might find the following information helpful as you begin the legal process. Remember, this information is not legal advice: only an attorney familiar with your case can provide that.
Parental Rights and Responsibilities
If you are divorcing and have children, you will need a parental rights order with your divorce. If you have children but are unmarried and separated, you may want to obtain a parental rights order to protect you and your children. Generally, divorced parents must continue to share both the responsibilities and costs of raising children. One parent may have to pay child support, often a substantial amount of money, to the other parent. Other payments can include daycare, medical expenses, and other costs like driver’s education. Parental Rights can be complicated and time-consuming because when children are involved, simple solutions don’t work.
If you are married and separating, you may end up divorced. Although a legal separation is possible, it is only a temporary solution and cannot substitute for a divorce judgment. You can get divorced without blaming your spouse for anything or with anyone being at fault. During a divorce, marital assets and debts are split up. It is possible for one spouse to have to pay money to the other or to pay off debts and it is possible for one spouse to get more of the assets. All divorces are case-specific.
Motion to Enforce or Motion for Contempt
If one party is not keeping their responsibilities after a divorce, you may simply have to have the Court make them do it. If this is the case, you must serve the other party and begin a court proceeding. Both parties are entitled to be heard on what is not being done and why.
Motion to Modify
After a Divorce or Parental Rights Order, you may need to change some of the conditions of that order (e.g., child support obligation, etc.). To do this, one person must serve the other and begin a court proceeding. Both parties are entitled to be heard on the proposed change.