Divorce Practice Areas

Divorce
Divorce proceedings are among the most complex, emotional and highly-contested legal disputes. Attorney Charlotte Murphy has extensive experience providing representation in highly contested, complex divorce cases, or can provide you with the assistance drafting an amicable separation agreement that treats you and your spouse fairly with the goal of filing a joint petition for divorce. She understands the emotional and financial toll that divorce can take on a family and provides a high degree of personal attention to resolve issues of property division, child support and spousal support in a cost effective manner. She is well versed in the nuances of the Act to Reform Alimony that was implemented in 2012, together with the interplay with the revisions to the Child Support Guidelines that went into effect in August, 2013.
Issues regarding your children, their support and education are always modifiable in the event your circumstances change after the entry of the judgment of divorce. In addition, divorced couples will want to pull out their agreements to evaluate how the new alimony law may affect their support payment. The law outlines the duration of alimony rewards, prohibits the use of a second spouse’s income or assets in assessing an alimony award, sets a presumption that alimony will terminate upon attaining full retirement age, terminates alimony upon remarriage and certain cohabitation and considers child support in the termination of the appropriate amount of alimony.

Under certain circumstances, a complaint for modification may be filed with the court to modify an alimony award in marriages which lasted twenty years or less and an individual’s alimony payments have already exceeded the alimony durational limits. The length of the marriage will determine the date upon which a person would be entitled to file a complaint for modification based on the new alimony law.

If your former spouse fails to comply with a clear directive of your judgment, an action for contempt may be prosecuted to enforce the judgment. Attorney Murphy represents former spouses in prosecuting or defending complaints for contempt.

Mediation is a voluntary settlement process which uses an impartial person to help separating or divorcing couples reach informed decisions and develop mutually acceptable agreements. Mediation can be used for divorce and other family law issues, as well as general conflict resolution in families, organizations, and between neighbors.

While to primary goal of mediation is to resolve differences, mediation also promotes communication and cooperation which allows you to control the decisions that affect your life. Mediation is frequently less costly than litigation. Mediation benefits children and others involved by reducing conflict. The process can often be completed in less time than litigation allowing you to move ahead with your life. Studies show that mediation results in:

  • A fair divorce settlement for each person
  • A reasonable divorce, which reduces anger concerning custody and finances
  • Significant financial and tax savings for each person
  • Lower costs than an attorney-controlled collaborative divorce
  • A divorce settlement in less time than with a litigated divorce
  • Superior parenting arrangements for you and your child
  • Improved relationships between a child and parent
  • A comprehensive support settlement that eliminates the need for future court proceedings