Garcia Law, PLLC

Divorce legally ends your marriage. In order to initiate the process, one spouse must file documents to begin the process. Issues involved in a divorce include dividing property and debts, parenting time with children, child support, and spousal support. 

Legal Separation involves a similar process as a divorce but the spouses remain married while they are separated with a court order addressing how property, debts, parenting time, child support, and spousal support will be handled during the separation period. 

Ending a marriage and planning a new life can be an exhausting and overwhelming experience. We are here to guide you through the process, to provide you with legal advice regarding your rights, and to work towards resolving your case as quickly as possible. 

A parenting plan is a court order that provides the custodial arrangement and dictates when parents will spend time with children during the school year, school breaks, holidays, and during the summer. 

The parenting plan outlines which parent has the right to make decisions about a child's upbringing or how the parents will share in decision-making to address issues pertaining to a child's education, medical care, or other issues.

Child support is critical to ensure your child's well-being after a divorce or separation. Child support is calculated using the parents' income and using established state guidelines. Misapplying the state guidelines may lead to paying too much or receiving insufficient support to ensure a child's wellbeing. 

A parent with whom the child resides a majority of the time or substantially equal residential time must notify the other parent of their intent to relocate. 

In a case where a child resides a majority of the time with the parent intending to relocate, there is a presumption in favor of the relocation. In a case where a child resides substantially an equal amount of time with each parent, the presumption in favor of the relocation does not apply. 

There are various notice requirements and planning is essential. Relocation cases are some of the most difficult decisions for courts to make and the process may be lengthy. It may be best to inform the non-relocating parent of the intended relocation as soon as possible. 

A final parenting plan may be changed if there is a substantial change in circumstances. 

The parent requesting the change must show that the change is necessary and in the best interest of the child.

The requested change (modification) to the parenting plan may be a major or minor change. A major modification may change which parent spends the majority of time with the child. 

A minor modification does not change which parent spends the majority of time with the child or the change does not result in a substantial increase to the non-primary parent's time with the child. 

If a party fails to follow a court order, such as a divorce order or a parenting plan, the other party may ask the court to enforce the order and find the other parent in contempt of court for their refusal to follow the order. 

If the court finds a party in contempt, the court may order the non-complying party to pay the other party's legal fees and costs for bringing the issue to the court, and order other things the court deems appropriate to address the party's failure to follow the order, including make-up parenting time if the case involves a parent refusing to follow a parenting plan. 

To start the process, individuals must file a motion to request a contempt hearing to address their situation.

There are various types of civil protection orders designed to prevent and respond to abuse depending on your situation. 

Individuals seeking protection may ask the court for an order protecting them from domestic violence, from sexual assault, from stalking, from harassment, or from someone who has abandoned, abused, financially exploited, or neglected a vulnerable adult.

To start the process, individuals must file a petition for a protection order which may provide a temporary protection order that starts immediately. 

If the court approves the petition and enters a full protection order, the order can last a year or longer. 

Parentage creates a legal relationship between a parent and child that gives a parent potential parenting time with a child and responsibilities like paying child support. If you need help establishing a possible genetic or presumed parent as a legal parent contact our office. 

The court may appoint a guardian to protect a minor child's best interests if the parents agree, if parental rights are terminated, or there is clear and convincing evidence that no parent is willing or able to exercise parenting functions necessary to care for the child.