Family Law
Warnken, LLC provides professional advice and zealous representation in all family law matters.
Family Law Areas
Separation and Marital Property Agreements
Painful, expensive and lengthy divorce proceedings may often be avoided if you use a carefully prepared separation and marital property agreement. We encourage dialog between the opposing sides. Complex matters, even if acrimonious, can sometimes be resolved through the use of a court mediator. If, with our help, you and your partner are successful in resolving all (or even some) of the issues, the Firm will either prepare the proper documents or review and advise regarding documents prepared by opposing counsel.
Mediation
Mediation is an opportunity to resolve issues among the parties. Mediation is a method of conflict resolution designed to move people beyond the emotions of their dispute to better understand the source of conflict through communication. Frequently mediation, whether through a private session, or a court ordered session, results in the parties leaving the table with an agreement that satisfies everyone. Whether you and your spouse are interested in using our professional certified mediator, or if you need representation for mediation, Warnken, LLC will explain the process to you and determine if mediation is appropriate in your case.
Divorce
If you, even with our help, are unable to resolve your differences, in a manner that is satisfactory to you, we will file and litigate, as necessary. Although divorce litigation can be unfriendly, prolonged, and expensive court, we will attempt to minimize, to the extent possible, those hassles. Often, if sufficient effort is put forth, and if opposing counsel is reasonable, the case may be settled without the need for an adversarial trial. If it cannot be settled, we will be prepared to zealously and aggressively fight for your rights.
Alimony
As part of a divorce, you or your spouse may ask for financial support after the final divorce decree. There are three types of alimony all of which have different standards a court will consider: permanent alimony is when one spouse is ordered to assist with the financial needs of the other spouse, even after the divorce; rehabilitative alimony is usually awarded in situations where the economically dependent spouse needs resources to get back to where they would have been if they didn’t make sacrifices for the marriage; finally pendente lite alimony (or alimony pending litigation) is sometimes awarded to maintain the economic status quo of the parties until the divorce hearing. Whether you need alimony or are at risk of paying alimony, you will need an attorney to advocate for you and review your options.
Adoption
We represent clients in adoption matters. For example, a step-parent may seek to legally adopt the child of his or her spouse. In other cases, a couple or individual may seek to adopt a child orphaned or abandoned by the birth parents. In any event, we will represent you in the most cost efficient manner, while maintaining the highest degree of professional competence.
Guardianship
Sometimes, due to physical or mental incapacity, it is necessary to seek court approved guardianship of a loved one. The process can seem overwhelming and emotionally exhausting. Our goal is to make the process as easy and successful as possible.
Custody
If there are minor children, the parties may disagree on issues of physical custody and legal custody. A custody issue may also arise in a claim separate from a divorce action. Physical custody addresses where the minor child(ren) will reside during the majority of the time and, thus, which party is awarded “primary physical custody.” Physical custody may be shared, meaning that the minor child will reside for an equal (or nearly equal time) with each party. Legal Custody addresses which party has the legal authority to decide important issues in the day-to-day life of the minor child(ren). These issues include, but are not limited to, health care, education, and religious preference. Investigation, preparation, and knowledge of the law are paramount for success in favorably resolving custody disputes. We offer experienced, diligent and personalized representation in matters involving custody.
Child Support and Visitation
Child support is controlled by statutory child support guidelines. The combined gross income of the parties and any special needs of the minor child(ren) factor into the calculation of the guidelines in any given case. Often, disputes arise as to the income or potential income of the parties, especially prevalent if one or both parties are self-employed. The Firm will aggressively investigate the earnings or earning potential of the opposing party in an attempt to ensure that the Court sees the guidelines in a light most favorable to our client. Regarding visitation, except in rare cases, the non-custodial parent, i.e., the parent who does not have primary physical custody of the minor child, is entitled to visitation. Disputes arise when the parties disagree as to dates, the times, and the duration of visitation. Although we, like the courts, are concerned with the best interest of the child(ren), we zealously advocate to obtain the best possible visitation for our client or the least possible visitation for the opposing party.
Modification Issues
If you have already have a finalized custody, child support, visitation or alimony order, you may want to discuss the possibility of modifying the order if there has been a significant change of circumstance to your life or to the other side’s life. If you find yourself a victim of economic hardship or if the other party has increased income, you should contact the Firm to discuss changes to an existing order. A custody or visitation order can be modified if there has been a significant change in circumstances that make it in the best interest of the child to change the order. You will need someone to help you optimize your chances of success, and we understand what circumstances warrant a change to an existing order.
Property Issues
A marriage is not only a personal commitment to another person, it is an economic partnership. As such, a divorce will sever the economic ties with your spouse and resolve property issues you may have. Whether you and your spouse have a home, pension, vehicles or bank accounts, you should retain a firm to understand the difference between marital and non-martial property, how to distribute martial property, and discuss equitable distribution scenarios. With the proper representation you can protect the assets you have and protect your property rights so you are in a good position to move on with your life.
Warnken, LLC. A Full Service Law Firm
The Firm is committed to providing diligent and zealous representation to our clients. You can rest assured that you will have representation with understanding and compassion. The Firm’s domestic relations attorneys understand the emotional, financial, and family dynamics that come with any family law issue. Most family issues are hard enough without complicated legal issues, and we strive to resolve your issues compassionately and professionally.