Other Areas of Practice
Some of the Family Law areas in which we represent clients are:
- Collaborative Divorce
- Family Mediation
- Legal Separation
- Pre-nuptial and Post-nuptial agreements
- Modifications and Enforcement of Orders
- Contempt Actions
- Obtaining and Defending Restraining Orders
- Guardianship of Incapacitated Adults
- Guardianship of Minors
- Grandparent and Step-Parent Rights
- Advanced Directives/Healthcare Powers of Attorney
- Preparation of Qualified Domestic Relations Orders (QDROs)
- Parenting Plans
- Civil Unions
- Spousal Abuse/Domestic Violence
- Same-Sex Divorce and Parenting
- Child Support and Spousal Support
- Child Custody
- Relocation of Residence of a Child
- Estate Planning/Will Creation and Modification
Pre-Nuptial or Post-Nuptial Agreements:
Commonly known as “pre-nups”—these are the agreements that are made before and/or after marriage which allow parties to specify various aspects of what would happen in the event the marriage ended in divorce and/or death. These provisions are often important to parties who have second marriages with children or adult children when there are inheritance issues. Parties who have been through a divorce once before often want the safety and security of knowing that if divorce happens for them again, they can know what to expect. A properly drafted pre-nuptial agreement can do that for you. Pre-nups can have a bad rap—for many, they may bring to mind negative images. However, much like planning for any important event in your life, pre-nuptial agreements are a good idea for almost anyone. People can protect inheritances or potential inheritances, pre-marital assets, agree ahead of time on things like whether or not the parties will pay alimony, or what happens with the “marital” home upon death of one party. It also can strengthen the relationship between the parties, and fosters discussion between the parties about important things like finances before the big day, conversations that couples too often do not have. You can also make these agreements after the marriage occurs (Post-Nups). Sometimes people are having a tough time in the marriage, and want the security of knowing what the outcome will be in the event it does end in a divorce. Either way, you want to be sure that you have a qualified attorney representing both spouses in order to ensure your agreement comports with the law and is fair. Concerned about the potential for a contentious battle over your pre- or post-nup? Ask us about using the Collaborative process for pre-or post-nup drafting.
We represent and assist clients in both obtaining and defending restraining orders. In working with client’s who are thinking about obtaining an order, we will work with you to make sure the process is done correctly and safely. We can help connect you with other professionals if needed and work through a safety plan. In other cases we may be brought in after the original temporary order has been obtained. Although the process may have begun without a lawyer, many people need the assistance of counsel for a final hearing. In obtaining a final order, there is a wealth of case law surrounding properly preparing the petition that may impact the evidence you are allowed to offer. Although the temporary order was granted, there may need to be modifications made to the petition in order to present the relevant evidence. The standard for obtaining a final order is also different from that of obtaining a temporary order, which can often times be confusing. In cases where there are children and or property involved, the final hearing may also address important issues such as child support, visitation, limitations on contacting other family members or children, a decision on who gets to reside in the shared residence, who is responsible for expenses and things like the use of vehicles. Clients are often surprised that the Restraining Order is so much more than simply a “no contact” order. In many cases, the existence of a restraining order may also impact employment. There is a prohibition against firearms which is part of every restraining order and which is significant in certain jobs. In some employment the mere granting of a Restraining Order means immediate termination. Hearings on Final Restraining orders happen quickly so it is important that you contact a lawyer right away.
Qualified Domestic Relations Orders:
Known more commonly by the acronym QDRO, Qualified Domestic Relations Orders are often an important piece of resolving a divorce. A QDRO administratively divides a party’s retirement account in a way that avoids taxes and penalties, and allows the receiving party to receive a portion of the retirement account of a former spouse. These need to be prepared as a Court Order, pre-approved by the plan administrator, signed by all of the parties, filed with the Court, and submitted back to the plan administrator. It is important that QDROs are done correctly and done early in order to preserve the rights of the receiving party. Often, we assist clients with preparation of a QDRO following the divorce, but we are also happy to help non-clients prepare QDROs for a fee.
For most couples going through a divorce or separation, the marital home is the biggest asset to be addressed and divided. Sometimes parties also have other real estate. It is important for a variety of reasons to ensure that title to the real estate is properly transferred. We have the background in real estate law to assist you with the preparation of Quitclaim Deeds.
Healthcare Powers of Attorney/Financial Powers of Attorney:
Divorce or separation can be a very difficult and emotional time. Often a party going through a divorce may have an immediate need or desire to remove his or her spouse from making major decisions about his or her healthcare or finances. We can assist clients by quickly and efficiently preparing the forms necessary to do this, while providing you with advice as you navigate these decisions.
Often following a divorce, it is a good time to consider making changes to an existing will, or to ensure your children or loved ones are protected by having a will in place. If what you need is a simple will so that your wishes will be respected after you pass, we can assist you through this process.
Guardianships of Incapacitated Adults:
One of the most difficult family issues people face is when an elderly or disabled loved one is struggling to care for themselves. When a well meaning family member attempts to step in to assist, it may be met with suspicion or hostility, or the family may just not understand how to go about the process. The probate courts can be difficult to navigate and the legal standards which must be met in order to assist a family or loved one in making decisions when they are unable to do so themselves is difficult to meet. At Weibrecht Law, PLLC we are ready, willing, and able to assist you navigate the complex waters of seeking a guardianship to assist your loved ones with their self-care and with their finances. Once a guardianship is established, we are thereafter able to assist with ongoing representation, including the daunting task of annual inventories and accountings, saving you hours and hours of time and frustration.
If you have a need for services in any of these areas, please feel free to contact us.