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Domestic
Relations & Family Law
Domestic
relations, often referred to as family law, involves a number of
areas that include divorce, separation agreements, child custody
disputes, child support, paternity actions, adoptions, and
property distribution. Each of these areas requires your
attorney to have very specialized knowledge, skill and
experience in order to obtain the desired results.
Unfortunately, from the statistics we read and from our own
experience, failing marriages have been increasing to what some
social scientists have termed "epidemic proportions". Although
the bride and groom take lifetime vows, circumstances, stresses,
and other pressures have contributed to the sad statistic that
there are three divorces for every five marriages occurring each
year.
Over the
years, our firm has represented a husband or wife in more than
1,000 Family Law actions. Although we are pleased when parties
to a failing marriage attempt, and sometimes succeed, in
reconciliation, our job is to deal with the myriad of legal
ramifications. The break-up of some marriages is amicable and
both husband and wife seek to deal with child custody, child
support, alimony, and property distribution in a fair and
equitable manner. In too many cases, the marital break-up
involves emotionally distraught individuals who see the other
spouse as a wrong-doer, tyrant, or promiscuous adventurer. Often
there are heated custody and visitation disputes, substantial
property distribution disagreements and other divisive factors
that require consummate skill by attorneys to negotiate
acceptable settlements, or well honed litigation abilities to
seek the client’s interests at trial.
Many times
the major issue involves property distribution and/or alimony.
In Maryland, Virginia, and the District of Columbia different
rules and evidence apply as to what is marital property subject
to distribution and what is the solely owned property of either
spouse. The form of ownership, such as a deed to real estate or
a title to a vehicle, is not controlling. The efforts and
contributions by each spouse during the marriage toward the
acquisition of property is a major factor to be analyzed.
Pension plans and stock options present significant matters to
be evaluated. The current income and future income potential of
each spouse has a major effect on whether permanent or
rehabilitative alimony is warranted
Somewhat
replacing marriage is the growing tendency for meaningful
relationships between couples that eventually produce children.
When break-ups occur in this arena, primary issues involve
custody and child support. Resolution by skilled attorneys may
be just as difficult as in divorce matters.
Paternity
actions against alleged fathers brought by the mother of a child
or by the government to establish fatherhood are on the
increase. We often represent clients who do not believe that
they have fathered a particular child and these matters involve
appropriate and timely DNA testing and child support
negotiations or litigation depending upon the results of the
testing.
Adoptions
are usually a nice experience for the attorney. In many cases we
handle procedurally complicated adoption of a child by a
step-parent married to the natural parent. Sometimes we are
involved in the adoption of an adult by another adult which is
usually for inheritances purposes. However, there are occasions
which require us to represent clients in a contested adoption.
In those situations, we have represented both the adopting
parents and the objecting natural parent. This type of
proceeding can be extremely complicated and involve
psychiatrists and/or psychologists, and other experts to
determine the best interests of the child.
Regardless
of the type of domestic relations problem you may have, we
provide an initial free consultation so that we can understand
the issues and discuss with you a fair and appropriate fee
arrangement. In uncontested matters, such as a mere divorce
where there are no children and the other party has no
objection, we can establish a fixed fee. In the more complicated
matters, we usually charge on an hourly rate basis. In
appropriate cases, we are willing to work out payments over
time. Each client is unique and each is accorded a specific and
personal evaluation depending on that client’s total
circumstances.
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