Frequently Asked Questions About Shakhan & Wilkerson Law
Do I need legal assistance with a family matter?
If you are contemplating divorce, seeking to modify an existing child support order, or wish to have your custody or visitation rights legally recognized, it is advisable to consult with the attorneys at Shakhan & Wilkerson Law. Our firm specializes in these areas and can provide the necessary legal guidance and representation.
Can the Shakhan & Wilkerson firm assist me with modification of my support payments?
Indeed, our firm can assist with support payment modifications. When circumstances change significantly from those present at the time of the original decree, such as job loss or business failure, the court may consider granting a modification. It's crucial to file for modification promptly, as the court does not automatically adjust payments based on changed circumstances. Without filing, both parties remain bound by the original decree regardless of any changes.
Am I eligible to file for a modification to my custody order?
To file for a custody modification, it's necessary to demonstrate a significant change affecting the 'best interest of the child(ren)' regarding living arrangements. Alternatively, if a child has reached the age of fourteen and expresses a preference to live with the other parent, this can also be grounds for modification. Our firm can guide you through this process and help present your case effectively.
Can the Shakhan & Wilkerson firm assist me with adoption?
Our firm offers comprehensive assistance for various adoption scenarios. We can support families pursuing private or agency adoptions, as well as family members, stepparents, or foster parents seeking to adopt children currently in their care. Our attorneys are well-versed in the complexities of adoption law and can guide you through the entire process.
What are pre- and postnuptial agreements?
Pre- and postnuptial agreements are legal contracts that outline asset division in the event of a divorce. Prenuptial agreements are established before marriage, while postnuptial agreements are created after. For these agreements to be valid, both parties must fully disclose all assets and receive some benefit from the agreement. It's important to note that these agreements should not be created in anticipation of divorce. Shakhan & Wilkerson Law can assist in drafting both types of agreements to ensure they meet legal requirements.
Should I pursue legitimation?
Legitimation may be necessary if you're making child support payments but lack legal rights to custody or visitation, or if you were unmarried at your child's birth and wish to establish legal paternity. Even if you're listed on the birth certificate, have taken a paternity test, or pay child support, without marriage at the time of birth, you must file a petition for legitimation to be legally recognized as the father and gain entitlement to custody or visitation rights. Our firm can guide you through this legal process.
What is an uncontested divorce?
An uncontested divorce occurs when both spouses have reached a complete agreement on all terms prior to filing, including property division, alimony/spousal support, and child custody if applicable. If any disagreement exists on any issue, the divorce is considered contested. In uncontested divorces, our attorneys can draft the necessary legal documents according to the pre-agreed terms, though we can only represent and advise one spouse. Shakhan & Wilkerson Law can assist in preparing such agreements to ensure they meet legal standards.
When should I file for or defend against a contempt action?
A contempt action may be appropriate when one party violates the court's judgment decree. This can include failure to sell property, late support payments, or failure to divide assets as ordered. While certain circumstances like job loss may explain non-compliance, any violation of the final decree can be grounds for a contempt action. It's important to address these issues promptly, and our firm can advise on when and how to file or defend against such actions.