Chesapeake Family Law

People most often need a family lawyer when going through a divorce. However, there are instances where legal advice is crucial before entering into marriage. For those contemplating a prenuptial agreement, the guidance of an experienced family attorney becomes invaluable.

Prenuptial agreements, while varying in complexity, serve to delineate the distribution of specific assets in the event of a divorce.

They range from straightforward documents addressing the division of a few assets to comprehensive agreements that pre-determine the resolution of all potential marital disputes. Your attorney plays a pivotal role in ensuring you fully understand the legal implications of your prenuptial agreement, safeguarding your interests before you commit to signing.

Divorce inherently brings stress and financial strain, even if you and your former spouse are on good terms. It necessitates the settling of numerous issues that have a lasting impact on your life. The details of your marriage and personal circumstances will determine the range of matters you must resolve, from asset division to future arrangements.

During a divorce, several disputes often arise, impacting both parties’ futures significantly. They encompass a range of financial and familial concerns, including:

• Spousal support, determining financial assistance from one partner to another
• Division of assets, which includes pensions and retirement accounts, ensuring equitable distribution
• Property division, covering homes and businesses, to ascertain fair allocation
• Custody and visitation, establishing arrangements for your shared children to maintain relationships with both parents
• Child support, ensuring the financial needs of your children are met post-divorce

You must consider your long-term needs when dissolving your marriage. However, it can be challenging to think rationally about the future when going through this emotional period. Fortunately, at Melone Hatley, P.C., we will maintain an objective view of your needs as we help you navigate your divorce and ensure that your interests are protected.

Military divorce presents many unique challenges that are not present in civilian divorce. The Chesapeake military divorce lawyers at our firm have a proven track record of helping servicemen and women achieve positive results during their divorces. We will ensure you stay up to date with the progress of your divorce, even if you are stationed overseas.

We develop our legal strategy on a case-by-case basis, understanding that no two military divorces are the same. Our team will help ensure your rights are protected and prevent you from sacrificing more than is necessary to resolve your divorce through a settlement or court order.

The terms of your divorce agreement or order may no longer make sense to your situation over time due to changes in the lives of your children, your former spouse, or yourself. If changes become necessary, you can seek modifications to the original terms of the divorce by petitioning the court.

Hiring an experienced divorce modification attorney to help ensure your interests are protected during the modification process can be critical whether you or your former spouse is the one seeking to make a change. The modifications most frequently sought include changes to custody and visitation, child support, and spousal support.

Custody disputes tend to be emotionally charged. A custody battle can get ugly quickly, and your children can get caught in the middle. The best way to minimize the impact is by negotiating a custody agreement with your spouse rather than letting a court determine how custody will be handled.

If you are unable to reach a custody agreement, the presiding judge will evaluate all relevant case factors and make a ruling in the best interest of your children.

Our legal team will be with you at every stage of the process, including filing custody or visitation petitions and dealing with the potential appointment of a guardian ad litem in your case.

Beyond custody and visitation, the most significant issue that will need to be decided in a divorce case involving children is child support. The court will consider a variety of factors when making a ruling regarding child support, including:

• Your custody arrangement
• The financial means of both you and your former spouse
• The financial needs of your children

If any of your children have special needs, the judge may deviate from the standard guidelines for child support to ensure that your children’s needs are met.

Hiring an experienced child support lawyer to help with this process can be vital, regardless of whether you are the parent who will be paying or receiving child support. Your attorney will help ensure that the court is properly calculating the amount to be paid while protecting your rights.

Another critical issue in most divorces is spousal support. A judge will consider several factors before making a ruling regarding the amount to be paid and the duration of payments for spousal support. Some of the factors that will most heavily weigh on their decision about the size of payments include:

• The earning capacity of both parties
• The employment status of both parties
• The financial needs of both parties
• Any additional income sources for either party

The main factor determining how long spousal support payments will be made is the length of the marriage. Lifetime support is more likely in decades-long marriages.