Family Law

Our family law practice area includes uncontested or contested divorce or legal separation, asset valuation, property division, child custody, child support, spousal support, post-judgment support and custody modifications, premarital and post-marital agreements, as well as parentage actions involving unmarried couples.

Parenting Plan

A parenting plan is the parents' written custody and visitation agreement that includes a schedule when children will be with each parent and each parent's decision-making about the health, education, and welfare of the children. A parenting plan will include "physical custody," meaning where children live, stay overnight, and day-to-day care; and "legal custody" specifying decisions of each parent on his or her own or together about schools, daycare, religion, medical care, etc. A parenting plan can be general or specific or can have restrictions. It depends on various factors. The development of a proper parenting plan for children requires careful deliberation of the needs of the children and consideration of the parent's past and present parenting abilities to make it in the best interest of your children.

Property Division

Dividing assets and liabilities during a divorce or legal separation can be complicated. Each case is unique and may deal with complex property divisions, mixed separate and community property assets, business interests, stock options, complex investment instruments, and various retirement accounts. The goal is to achieve a proper valuation of assets and a fair division of property. Many factors have to be considered: length of the marriage, current and potential income, financial needs, prenuptial agreements, the existence of trusts, and more. We are always prepared to protect our client’s best interests with rigorous assessment, detailed asset valuation, and strategic litigation.

Child Support

Child support is a legal obligation in the form of regular payments made by a parent to benefit their child. Child support is determined by a calculation that uses the parents' net income along with the parent's visitation time to determine the amount of child support that the supporting parent must pay. Child support money is used for basic expenses and necessities such as food, housing, clothing, health care, and educational needs. Skilled legal counsel is needed to calculate income when a party is a business owner, unemployed, under-employed, or has complex tax circumstances. The court can deviate upwards or downwards based on a multitude of factors outlined in the law. We are always ready to determine the correct net income and leverage the factors a court will consider for deviation.

Uncontested Divorce

An uncontested divorce is one when both spouses mutually agree on each aspect of their marriage’s dissolution. The mutual agreement includes the property division, child custody, child visitation, child support, and other issues that may be unique to their marriage. The judge cannot issue a divorce decree until six months have passed from the time of filing the divorce petition, but that does not mean all divorces will wrap up at that point. Many issues may push a divorce beyond the six-month minimum waiting period. Even though uncontested divorces are typically more straightforward and less expensive than a contested divorce, we recommend consulting with a lawyer to ensure your rights are protected.

Contested Divorce

A contested divorce is one where both spouses disagree and cannot agree on the details of their divorce on their own, so they may end up settling through mediation or have a trial. The trial phase will begin after the discovery process has ended. The trial is the formal presentation of the evidence made by the attorneys to the judge. Both sides will have the opportunity to make their case, enter documents into evidence, and present witnesses’ testimony. Then the judge makes the final determination regarding the outstanding issues such as child support, child custody, property division, etc. We can help you understand your unique situation.

Contact Balukh Law to request a free legal consultation via our contact form or call our office at (253) 887-1101.