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Unfortunately, not everything in a divorce can be done by agreement and we don't always get to deal with reasonable people. At those times, the litigation services of JH&A are here to defend you and what is proper and fair. This is what we do:
Divorce - The dissolution of a marriage can involve just a few issues to very many. If you believe you and your spouse have resolved them by agreement already, JH&A recommends the Insta-File Agreed Divorce package. However, if you do not have agreements on some of the types of issues listed below, JH&A is ready to take the matter to court for you.
Property Division - A good property division involves four steps. Identification of the property, valuation of the property, presentation of the reasons of what you believe is a just and right division, and airtight drafting of the division documents.
Identification is the use of legal tools through what is called the 'discovery' process to guarantee identification of all property. This can be done through written questions to the other side or third parties, the use of subpoenas, the taking of depositions, or just plain old fashioned footwork and investigation. If the other side refuses to comply, JH&A will seek to force their compliance through motions to compel, enforce, and sanction (i.e. punish) as necessary.
Valuation is where evidence is gathered to support that the property is worth the amount that you believe it is worth. JH&A has testifying experts to do this work on your behalf. Presentation of a just and right division is old-fashioned trial work. The reasons for your view of what is a good and proper division can range from that you are just to make sure you get your fair share or they are for more than 50% because of the other party's adultery, misbehavior, your greater needs or lesser earning power, or the like. This is what JH&A does best, making sure your voice is heard, ....and listened to.
Airtight Drafting - The best work can be undone by a few sloppy words in an order on a case that was already 'finished'. JH&A lawyers understand that many of the largest wars begin at the end of the first battle. Our attention to detail is with an eye towards ensuring that your documents give you an edge from the time they are set with blue ink.
Child Conservatorship, Visitation and Support - These issues are often the core to any contested divorce proceeding. Due to the continuing partnership needs of the parents after the divorce and critical effects of dispute on the child(ren), JH&A strongly recommends reaching agreements, where possible. If agreements are not possible, JH&A will not hold back in defending the only real aspect that matters in our client's life.
Conservatorship refers to the rights, decision-making powers, and duties that a parent has in regards to their child. Although divorced, parents often maintain many of the rights with regards, decision-making powers, and duties to their children that they had before the divorce. Who maintains those rights, in particular the right to determine where the child lives and the right to receive child support is based on what is in the best interest of the child. This is often a fact-based decision that is influenced by basic issues such as like-ability of the party and the opinions of friends. Other key factors that can affect who gets the primary rights are a history of violence, drug use, or a criminal history. JH&A attorneys are professionals in obtaining and presenting the evidence you need to get your conservatorship rights.
Visitation issues are often viewed simpler than they are. A "Standard Possession Order" for instance, can have many variations within it, and still be standard. Should the order provide for pickup from school, the primary parent's residence, the non-primary parent's residence, or a neutral third-party location? These simple issues can affect the convenience, cost, and duration of visitation. If the parents live far apart, what are the travel provisions? Who pays? All of these are part of a "Standard Possession Order". JH&A attorneys will dot the i's and cross the t's to make sure the best order is obtained and drafted for you and the needs of your child.
Support is simple in concept, but often difficult in execution. The payor makes so much income and pays according to a set formula. But how is income determined? What if the payor is self-employed? JH&A attorney's are skilled and adept at helping you get the proper determination of the amount of support that should be paid. They make sure that you get paid the child support you should and on a timely basis.
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