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Family Law

Experienced attorneys are ready to answer your questions.

Family Law

The Law Offices of David R. Del Re, P.C. can provide you with comprehensive legal experience and knowledge in the areas of family law, civil law and criminal law, including the following:

If my former spouse is not complying with a provision of our Judgment for Dissolution of Marriage, can I enforce the provision in court?

Yes, depending on the type of provision that a party is seeking to enforce, whether it is regarding support, parenting issues or property settlement, there are a variety of remedies available. The attorneys in our office can review your Judgment for Dissolution of Marriage and seek the appropriate avenue for enforcement with the Court.

Will I be court-ordered to attend mediation if I file for divorce?

Possibly. If you and your spouse have not reached an agreement regarding allocation of parental decision-making and parenting time by the initial case management conference (the first court date scheduled by the court) it is likely you will be ordered to attend mediation to try to reach an agreement regarding these issues. There are a few exceptions that may allow you to avoid the mediation process (such as if an impediment to mediation exists), but these exceptions are rare and not applicable in most cases.

Will I have to pay for the mediator/Guardian ad Litem?

Yes. For both a mediator or a Guardian ad Litem appointed by the court, the court will allocate the costs between the parties. For the Guardian ad Litem, a specific retainer amount will be set by the court when the Guardian ad Litem is appointed which is then allocated between the parties.

What is the difference between a Guardian ad Litem and a Child Representative?

Generally, when a lawyer is appointed to represent a child’s interests in a divorce or parentage case, it is either in the capacity of a Guardian ad Litem or as a Child Representative. A Guardian ad Litem is the court’s witness, he or she prepares a written report, and he or she can be called to testify at the final trial or hearing. In contrast, a Child Representative acts more like an attorney for the child and advocates for what it in the child’s best interest but is not bound by the child’s wishes. These are just some of the basics, but the differences in roles can be nuanced and complex. You should speak to an attorney at our firm for a more in-depth overview.

Is there a difference between a legal separation and a divorce?

Yes, although there are a lot of similarities in the process and in the documentation that will be filed with the court, there are differences in the rights that the parties have once a judgment is entered. It is best to speak to an attorney to discuss the options available to you.

What do I do after I am served with a Summons and Petition for Dissolution of Marriage?

There is a time period by which you must respond to the Petition for Dissolution of Marriage and file your appearance or you could be defaulted by the court. Whether your case is contested or amicable, the experienced attorneys at our office are available to meet with you and discuss the process and provide the representation you need.

What is a Counter-Petition for Dissolution of Marriage?

When a divorce case is filed with the clerk of court, the pleading that starts the case is called a Petition for Dissolution of Marriage. The Petitioner files that initial pleading and if he or she so chooses, the Petitioner can withdraw that pleading before trial or entry of a judgment. After the Petitioner has withdrawn the pleading the case is dismissed. However, if the Respondent has timely filed a Counter-Petition for Dissolution of Marriage, the divorce case can continue on to resolution by proceeding on the counter-petition. If you have been served with a Petition for Dissolution of Marriage and want to discuss the possibility and benefits of filing a Counter-Petition for Dissolution of Marriage in your case, please contact our office to meet with one of our experienced attorneys.

What if I want to file a divorce case but cannot locate my spouse?

If you have made reasonable efforts to find him or her, you may be able to serve him or her with the divorce case via publication (i.e. publish the case facts in the newspaper) and proceed with the divorce that way.
Contact our office to discuss this option in more detail.

Can my spouse be ordered to maintain a life insurance policy insuring his or her own life and naming me as the beneficiary post-divorce to secure his or her child support or maintenance obligation?

Generally, yes.
Contact our office to discuss this issue in more detail.

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