DIVORCE & FAMILY LAW
Divorce is one of the most emotionally difficult and devastating experiences a person can ever have in his or her life. Your family law case and its outcome will heavily impact your daily life, relationships, as well as your finances, which is why you should be confident that your legal counsel is absolutely committed to your best interests.
Law Office of Roman A. Kostenko provides competent legal representation in the areas of marital and family law, including divorce, children's issues, parenting plans, time-sharing issues, child support and custody, division of property and debts, spousal maintenance and support. I handle cases involving post-judgment issues such as enforcement actions, modifications and relocations. I can assist you with all of your domestic relations issues. No matter what your legal situation, I will stand by your side from start to finish.
Family law encompasses a wide variety of legal issues of married and unmarried couples, most of which involve children. I deal with all legal aspects of family law.
If you find yourself in an unfortunate situation where your marriage is ending by either your choice or the decision is made by your spouse, you, no doubt, have a million questions about the divorce process and potential outcomes. My firm strives to provide you with peace of mind and answer all of your questions and put you at ease from the very first time you contact me. While contested divorces are fraught with grief and turmoil, with a knowledgeable advisor on your side, you can start on the road of moving on towards rebuilding your life and healing your emotional wounds, with the least damage and downtime as possible. All divorces do not have to be contentious and complicated. I always exhaust all opportunities for reaching a compromise that is acceptable to you to save you money and to stay in control of the outcome of your case. I focus on providing you with solutions that are cost-effective and bring the most benefit to you.
Many divorces involve most or all of the following steps:
Filing a petition for divorce and responding to the petition within a certain period of time
Obtaining temporary orders (which detail how you and your spouse will operate while the case is pending)
Gathering of information and documents regarding assets, property, debts through the use of written questions, requests for production of documents, depositions and subpoenas
Resolving the case whether through negotiating a settlement or litigating in court
Reaching a full or partial agreement for the divorce or getting a divorce decree issued by the court
Drafting and finalizing a final divorce decree (in the event of settlement)
Monitoring a post-divorce situation and enforcement of the divorce decree
CHILD CUSTODY, DECISION MAKING, AND CHILD SUPPORT
If your divorce or family law case involves minor children, you may be facing issues involving paternity, child custody, parenting time schedules, rights to make decisions about your children’s education, healthcare, religion, and child support. In some cases, the parents can agree on some or all of these issues; in others, they are a big point of contention and need to be litigated at a temporary orders hearing, trial, or both.
PREMARITAL AND MARITAL AGREEMENTS
A premarital agreement, or prenuptial agreement, is a written agreement signed by a couple in anticipation of marriage. Marital or post-nuptial agreements are entered into after the wedding. The purpose of such agreements is to govern the terms of a breakup in the event the marriage does not work out. These agreements usually address issues such as division of assets and debts, treatment of community and separate property, trusts and inheritance, spousal support/alimony. I can draft an agreement for your needs or I can review, revise and supplement the draft of such an agreement if your prospective or actual spouse is the one asking you to sign it.
Once your divorce or family law matter is complete, the case does not always go away completely. This is true in practically every case that involves minor children or spousal support/alimony obligations. When the circumstances change, upward or downward modification of support orders may be necessary, as well as modification of parenting time and possession orders. I can discuss with you the basis for modification, help you determine if a modification is feasible, and to help you either obtain the desired modification or defend against it.
If either you or the opposing party are not following the court orders, enforcement and contempt of court proceedings may be initiated. I can assist with representation whether you are the party enforcing court orders or the non-compliant party. Being represented by a knowledgeable attorney in such cases is very important, especially for the party who is defying the court order, because of a potential of severe sanctions involving awards of attorney’s fees, disproportionate division of assets and debts, and even arrest and jail time.
UNBUNDLED SERVICES AND LIMITED SCOPE OF REPRESENTATION
In addition to providing hourly rate services on a full-time basis in family law and divorce cases, I also provide “unbundled” legal services in cases where your budget may not allow you to retain us on the hourly basis to handle the entire case. Unbundled services are specific tasks for which you may hire me such as preparation of various petitions, motions, responses on a flat fee basis, and providing limited scope representation, while you handle other parts of the case on your own to save money.