Category: Family Law

How to List Assets for Divorce

• June 28, 2022
• Kelvin Birk
• Family Law

The start of any divorce process can be confusing and overwhelming for those involved. As you and your spouse begin to separate your lives, you will also be splitting your personal items and finances. Because of this, it’s necessary to list your assets and debts properly; this will help you avoid more serious issues down the road.

When you take the time to get your financial information organized, you will be in a better position to negotiate a fair settlement. If you fail to do this, then you are risking the potential of additional legal action once your divorce is final. You may even be held in contempt of court.

One of th [...]

What Legal Rights Does a Non-Custodial Parent Have?

• April 6, 2022
• Kelvin Birk
• Family Law

When it comes to child custody, the two main types of custody that can be awarded to parents are custodial and non-custodial. Custodial parents are the ones who have primary physical custody of the child, while non-custodial parents have visitation rights. Typically, the non-custodial parent may also have joint legal custody, which means they share some of the decision-making authority with the custodial parent.

There are a number of factors that can influence who is granted custody and what rights they have. These include:

• The relationship between the parents (e.g., the parent’s plan for custody and parenting wishes)
• The needs of the child (th [...]

Can Text Messages Be Used in a Divorce?

• January 5, 2022
• Kelvin Birk
• Family Law

Sometimes both parties agree to file for divorce and can agree on all aspects of divorce, including time-sharing and division of assets. However, some divorces are contentious, and the parties can barely speak to each other, never mind agreeing on everything. One spouse might be so upset over the other spouse's behavior that he or she wants nothing to do with that person. In some cases, you might have to prove that your spouse's behavior is the reason for divorce. In most cases, it ends up being your word against your spouse's unless you can find proof. Can text messages be used in a divorce to prove infidelity or other behavior?

Can My Texts Be Used Against Me in a Divorce?

What is an uncontested divorce?

• May 6, 2020
• Kelvin Birk
• Family Law

Divorce is never pleasant, but an uncontested divorce can be less stressful than an angry, heated, drawn-out divorce that takes months or years to resolve in court.  “Uncontested” means that neither party is fighting the divorce decree.  Both parties have agreed to divorce, and both are on the same page where child custody, child support, spousal support (if any) and division of property are concerned.

Generally, uncontested divorces take less time, legal fees tend to be lower, and paperwork is streamlined.  Even in an uncontested divorce, though, it’s good to have your own attorney. Skilled and experienced divorce lawyers know how [...]