Domestic Relations/Family Law
- Collect background information on client, including marriage certificates, sources of support, residence, employment, income, assets, liabilities, and number of children.
- Participate in discussion of other options to divorce, including counseling, separation, reconciliation, and mediation.
- Complete domestic relations questionnaire based on information obtained from client.
- Assist client in preparing monthly income and expense sheet.
- Determine spousal support requirements and calculate child support.
- Analyze retirement benefits and determine how those benefits can be divided.
- Investigate and trace non-marital claims of the client.
- Draft petition for dissolution or complaint for divorce; draft response to same.
- Draft discovery requests for information relating to assets, liabilities, and income.
- Serve notice of hearing dates, discovery requests, and filing deadlines on opposing counsel or, if respondent is not represented by counsel, arrange for service of notice on respondent.
- As necessary and appropriate, draft application for temporary relief, temporary restraining orders and other temporary motions, affidavits, and orders.
- Draft protective orders, including non-contact, anti-stalking, and restraining.
- Assist client with compiling expert adult abuse petition; arrange for service; arrange docket hearing date; prepare client and file for hearing.
- Act as a witness to the removal of personal property from marital home; prepare inventory, if necessary.
- As necessary and appropriate, arrange for private investigators; request and review written report.
- Draft motion to schedule court hearing.
- Assist in settlement negotiations, including preparing analyses of assets, summaries of major issues and drafts of settlement proposals.
- Draft proposed stipulations.
- As necessary and appropriate, arrange for appraisals of real property and personal property.
- Draft property settlement agreement.
- Draft decree of dissolution, accompanying motions, and affidavits.
- Draft petition for adoption, consent for adoption, decree of adoption.
- Draft petition for name change.
- Draft pendente lite motions.
- Prepare file and client for pendente lite hearing.
- Draft notice of compliance with applicable pre-trial order.
- Prepare for trial, including reviewing file for problems and drafting amended pleadings if necessary.
- Draft proposed final order of divorce.
- Prepare attorney's fee exhibit and supporting documentation with estimated total cost through end of hearing.
- Testify about discovery or summary evidence.
- Investigate witnesses identified by opposing counsel.
- Coordinate post-hearing follow-up and inform attorney of any non-compliance.
- Draft quit claim deeds or other documents for transfer of property ownership.
- Assist in real estate closing.
- Draft necessary garnishments, writs of execution, or wage assignments.
- Monitor and ensure that all money judgments are timely paid and that partial or full satisfaction of judgments are drafted and filed.
- Draft motion for contempt or show cause orders.
- Draft motion and affidavit for modification of previous court orders concerning child support and visitation as well as retraining orders.
Note - Some of the information contained in the Litigation, Probate/Estate Planning and Real Estate sections of this publication also includes work performed in the Domestic Relations/Family specialty area.