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DIVORCE / FAMILY LAW
Divorce & Family Law
DIVORCE
The dissolution of a marriage can create great emotional turmoil for the separating spouses and for any children involved in the marriage. A divorce involves (1) the division of marital debts and assets, (2) the determination of child custody, visitation, and child support, (3) the determination of spousal support, and (4) the determination of the basis for the divorce, such as a no fault divorce or a fault based divorce. A divorce is a complex matter carrying serious consequences.
Hot Divorce Issues:
SEPARATION AGREEMENTS
A separation agreement can address and resolve all the issues involved in a divorce. Typically, separation agreements are signed by both parties with the intent to incorporate them into the final divorce decree. Separation agreements can be entered into even before filing for divorce. In this regard, Attorney Yancey can be instrumental in helping you understand the law in various divorce areas and helping you effectively plan for divorce to minimize the many negative pitfalls that can and do occur.
CHILD CUSTODY & VISITATION
The law favors the biological parents over other relatives in matters of child custody. However, amongst the biological parents, the court must decide which parent is better "fit" as a caretaker given what the court determines is in the child's best interest. In assisting the court to determine what is in the child's best interest, the court typically appoints a guardian ad litem as the attorney for the child to meet with and speak to the child. The guardian ad litem has the authority to obtain records from state agencies and health care providers. The guardian ad litem will speak to the parties in custody and visitation cases as well as others who may know of the care given to the child. The guardian ad litem is very important in custody and visitation cases because the guardian ad litem's recommendations are heavily relied upon by the courts in making final rulings. Attorney Yancey has served as a guardian ad litem for six years and knows how to successfully handle child custody and visitation cases. 
CHILD SUPPORT & SPOUSAL SUPPORT
Child support is determined by state guidelines based on the parents' combined gross income, the number of children to support, the costs of health and dental insurance, the costs of day care, and any existing obligations by either parent to pay child support for another child. The courts will generally follow the state guidelines in establishing the amount of child support. However, the parties are open to making whatever agreement they desire for child support themselves, with the legal right to come back to court whenever they want and move to increase or decrease child support, according to the guidelines. The courts do have some discretion in unusual situations to deviate from the state guidelines. Attorney Yancey can assist in running these child support guidelines and in representing either the payor or the payee in contested child support actions.
Spousal support is not determined by state guidelines but rather by statutory factors the court must consider. The essentials to an award of spousal support include a notable difference in income between the parties with the lesser party having a distinct need for support and maintenance while the greater party has the means to pay the lesser party, thereby maintaining the lifestyle level for the lesser party established during the course of the marriage. Spousal support can be awarded prior to the divorce to help the lesser party financially maintain his or her household. Permanent spousal support awards can include a lump sum payment, a fixed payment amount for an indefinite period, or a fixed payment for a fixed period of time, all depending on the circumstances.
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