Frequently Asked Questions

How do I get a divorce?
My spouse and I are still living in the marital home. Can we file for divorce?
Can my spouse change the locks?
If I leave the marital home, will it be considered abandonment?
I want child support for my children. What are my rights?
Can I modify our child support or child custody order?
I want custody of my children. What are my rights?
My spouse refuses to pay the mortgage and other bills, and the house is in foreclosure. What are my rights?
I don’t believe my child is mine biologically. What are my rights?
I have lost custody of my children. I believe my rights were violated. What do I do?

How do I get a divorce?
By filing in court. Depending on your circumstances, the divorce may be filed immediately, or there may be a waiting period. Click Here for More Information. Call our office for a consultation on legal services and a manageable payment plan.

My spouse and I are still living in the marital home. Can we file for divorce?
It depends on the facts in your situation. There are some circumstances in which a filing can occur before the spouses separate. The general rule is that the parties must be living separate and apart, before filing a divorce case in court. Click Here for More Information. Call our office for a consultation on legal services and a manageable payment plan.

Can my spouse change the locks?
If both names are on the title or lease, your spouse can change the locks, but you can legally have them changed back by showing proper documentation. However, if only their name is on the documents, you may not have the same rights. Call our office for a consultation on legal services and a manageable payment plan.

If I leave the marital home, will it be considered abandonment?
It may. However, if there is a legal reason that required you to leave the home, that may establish your grounds for divorce and not be used against you. In the event that your spouse does have abandonment grounds for divorce, we might strategically overcome any detriment to you by pursuing other approaches to resolve the case. Call our office for a consultation on legal services and a manageable payment plan.

I want child support for my children. What are my rights?
Child support can be established either by filing a separate lawsuit just for child support, or by filing a lawsuit to determine legal and physical custody of the children. We typically recommend that our clients establish custody first and have child support flow from the custody arrangements that are established. Doing so may be just as cost effective as pursuing child support only, and often provides much more stable arrangements for both the child and the parents. Click Here for More Information. Call our office for a consultation on legal services and a manageable payment plan.

Can I modify our child support or child custody order?
Possibly. Either party, to either lower or increase support, or to change any term of child custody after a court order is established, if there is no mutual agreement, has to demonstrate a “material,” “substantial” “change of circumstances” as those terms are defined by the courts and laws. Click Here for More Information. Call our office for a consultation on legal services and a manageable payment plan.

I want custody of my children. What are my rights?
Either parent, or both parents, has the right to seek legal and physical custody of the children. Custody is legal, which is decision making, and also physical, which is where the child lives. There is also joint or shared physical custody, which is when the child lives with both parents, or primary or sole custody, which is when the child mainly lives with one parent and the other parent has visitation rights with the child. Legal custody is decided separately from physical custody, and may include rights to make certain decisions for the child assigned to one parent or the other. All final determinations are to be based on “the best interests of the child.” However, the meaning of that term varies from case to case, and the process may be very involved depending on many factors such as the extent of the parties’ agreement or disagreement on the final outcome. Click Here for More Information. Call our office for a consultation on legal services and a manageable payment plan.

My spouse refuses to pay the mortgage and other bills, and the house is in foreclosure. What are my rights?
If possible, negotiate with your vendors and pay the bills or a portion of them until the situation can be addressed in court. Remain cordial with your spouse so they will be cooperative in turn. In all cases, seek counsel to file the necessary litigation as soon as possible, so you will have help and avoid unwanted consequences. Call our office for a consultation on legal services and a manageable payment plan.

I don't believe my child is mine biologically. What are my rights?
If you have access to the child, consider having the tests done confidentially on your own. Then you will know if there is truly a basis to start a legal process, which will be involved, to petition the court. Under some circumstances, you may not be able to avoid parenting a non-biological child. Although there are other instances in which such responsibility can be extinguished. Click Here for More Information. Call our office for a consultation on legal services and a manageable payment plan.

I have lost custody of my children. I believe my rights were violated. What do I do?
Depending on the reason you lost custody, there is an array of options available. Deadlines may apply, so it is crucial that you seek counsel right away to preserve your rights. If you lost in court, you may be able to take measures such as ask for reconsideration, file an appeal, or ask for a new trial, or file separate litigation seeking an appropriate injunction. If your children were taken away by Child Protective Services, you may have administrative rights that must be timely pursued. Click Here for More Information. Call our office for a consultation on legal services and a manageable payment plan.

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