Family Law
Navigate complex family law matters with Davis & Associates. Our expert attorneys handle divorce, custody, and support cases across 16+ locations.
Family Law Overview
- Comprehensive Family Law Services for Success
- Navigating the Divorce Process and Legal Requirements
- Determining Child Custody and Visitation Schedules
- Calculating Child Support and Spousal Maintenance
- Find the Help You Need Near You
- Effective Property Division and Asset Protection
- Practice Areas
- Frequently Asked Questions About Family Law
- Modifying and Enforcing Existing Court Orders
- Why Choose an Experienced Family Law Attorney at Davis & Associates?
- Expert Strategies, Industry Trends, & Firm News
The dictionary defines family as “the basic unit in society traditionally consisting of two parents rearing their children.” Families come in all sizes and varieties and provide an environment that forms who we are and how we’ll contribute to our communities. In essence, family is everything.
As everyone has experienced, families can also be a source of strife. No one is guaranteed a storybook ending to their marriage. Although every couple starts with hopes and dreams of building a strong family unit, myriad complex challenges can arise that fracture that unit. That is when matters need to be resolved with the support of a family law attorney, as you’ll find at Davis & Associates.
We are dedicated to providing support and guidance to our clients to help them navigate the emotionally charged issues revolving around separation, divorce, child custody, and property division. We understand that resolving these issues can sometimes lead to contentious confrontations. Our goal is to provide the kind of positive influence that helps our clients find a fast and fair resolution to any of their family law matters.
Comprehensive Family Law Services for Success
The skilled attorneys at Davis & Associates recognize that although state laws apply equally to everyone, each family law case is unique. Our approach starts with understanding the personal dynamics at play between a couple and their children. Only when we understand a bit of the family history can we provide full support.
Once we agree to work together on any family law matter, our attorney and support staff will guide you through every stage of the legal process. We help couples going through a divorce, resolving child custody issues, or adjusting post-judgment orders. Our client-focused approach helps you get the answers you need promptly and provides the guidance you need to make an informed decision about your and your family’s future.
We want to help you resolve your current situation and set you up for long-term financial stability.
Navigating the Divorce Process and Legal Requirements
Although it is initially built on love, a marriage is also a civil contract that begins with a license that codifies the marriage. When it becomes apparent that the marriage is irrevocably broken, divorce can be the best option to help you close one chapter in your life and set you up to begin again.
The legal requirements for divorce vary from state to state. Currently, we have offices in the following states while representing families nationwide:
Our attorneys have extensive experience and knowledge to help our clients navigate the divorce process. Some steps apply in every state, including the following:
- Filing a formal petition for divorce in the appropriate court
- Serving legal notice to the other spouse
- Exchanging financial disclosures
- Negotiating or litigating issues such as custody, support, and property division
- Finalizing the divorce decree
We will ensure that you meet all your filing obligations. We also want to provide strategic support for any decisions you need to make on each new issue, such as disputes over spousal support, child custody, or property division. Having the right legal counsel on your side can help prevent a costly mistake that can affect your financial future.
Determining Child Custody and Visitation Schedules
Divorces are already complex. When children are involved, the situation can become even more challenging and emotionally charged. A family court will always determine custody based on the “best interests of the child.” How they arrive at that decision is based on the evidence that is presented to them.
There are several custody decisions that the court will have to decide on, including the following:
- Legal custody grants one parent the sole decision-making authority over their child.
- Physical custody, which determines where the child will live.
- Structured parenting time schedules.
In order to make their decision, you and your family law attorney will present evidence to the court about parental involvement, work schedules, and your child’s current routines, such as school and other activities. This is also when you introduce any relevant history of domestic conflict that is important for the court to know so that a judge can make an informed decision.
Calculating Child Support and Spousal Maintenance
Each state has established laws that govern how the court calculates child support and spousal maintenance (also called alimony). They do share in some of the following commonalities:
- Each parent’s income
- Parenting time allocation
- Health insurance and childcare costs
The childcare costs include school, clothing, food, and shelter.
Illinois laws can differ from Florida statutes, but all states strive for fairness based on the evidence presented to them. For instance, if you’re ordered to pay child support, it will be based on your current income status.
With the right attorney on your side and the proper documentation presented, you can expect the court orders to be accurate and enforceable.
Effective Property Division and Asset Protection
When considering an effective property division, you should always consider what assets you had before the marriage versus the assets you generated after you were married. In most states, premarital assets would be “off the table.” For example, if you owned property before you got married, that would be yours to keep. However, if you added your spouse to the title or they contributed to any mortgage payments or upkeep of that property, it could be considered a joint asset.
The divorce attorneys at Davis & Associates have years of experience helping couples resolve their property division disputes. It is better to settle these matters before going to court. That prevents a judge from making a decision that you might not consider to be in your favor. We will also fight to make sure you receive what you’re entitled to.
Property division can include the following:
- Real estate and marital homes
- Retirement accounts and pensions
- Business interests
- Debts and liabilities
- Cars
- Furnishings
- Artwork
- Savings
Legal separation allows a couple to live apart and resolve financial and custody issues via a court order without officially ending the marriage. Divorce is the legal dissolution of a marriage, allowing both parties to remarry. Choosing between them often depends on religious beliefs, insurance needs, or residency requirements.
Courts determine child custody based on the ‘best interests of the child,’ considering factors like parental stability, the child’s existing relationship with each parent, and any history of abuse. The goal is to ensure the child’s physical safety and emotional well-being through a structured parenting plan.
Yes, you can request a modification of a child support order if there has been a ‘substantial change in circumstances,’ such as a job loss, significant raise, or changes in the child’s needs. You must file a formal motion with the court to legally update the payment amount; informal agreements between parents are not legally binding.
The marital home is typically subject to equitable distribution or community property laws, meaning it is divided fairly between spouses. Options include one spouse buying out the other’s interest, selling the home and splitting the proceeds, or deferred sale until children reach a certain age.
Modifying and Enforcing Existing Court Orders
A divorce becomes final when the judge signs off and issues their orders. From that moment forward, those orders need to be followed. Parents who enter into co-parenting arrangements will often be flexible with schedules. You don’t have to go to court if you need to change weekend plans.
However, there may come a time when modifications are needed. For instance, if a parent starts a new job that prevents them from picking the kids up from school, the court will have to set a new schedule. If there is a change in a parent’s income that can impact alimony or child support, you and your attorney can petition the court to make a change.
It is important to note that family courts don’t recognize informal agreements. If you are stipulated to have custody over a holiday and change that with your spouse, you can. However, if your spouse decides to go back to the court order, that is what you have to abide by.
There are also possible scenarios where your former spouse is not fulfilling a court order. You don’t want to get into a direct squabble with them. Instead, reach out to Davis & Associates. We’ll be able to take up the matter and bring it before a judge who can enforce compliance.
Why Choose an Experienced Family Law Attorney at Davis & Associates?
Anyone can rarely claim that their life has gone “according to plan.” Circumstances change with jobs, where you live, and who you want to live with. When those changes involve a marriage dissolution and child custody issues, they can only be signed off on by a court. Fortunately, there is a way to get those matters resolved so that all the judge has to do is sign the petition.
The family law attorneys at Davis & Associates understand the emotional upheaval that divorce can create. We know how vital it is to resolve the matter so you can get your life back on track.
You must make the right decision to protect your future and your children’s. That begins with setting up a consultation with Davis & Associates today. During that consultation, we’ll discuss your needs and how we can work together effectively. Call to set up your consultation today. The sooner you start the process, the sooner you can find closure and move on.
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