Pelech Otto & Powell Family Law

Separation and Divorce present a variety of complex and unique issues requiring experienced and accomplished counselors and trial advocates. We will be your advocates both in and out of Court with respect to your family law matters. We will prepare cohabitation, marriage and separation agreements. We will represent you in proceedings for divorce, custody, access, maintenance, guardianship, restraining orders and division of matrimonial property.
The manner in which family law disputes are resolved can make a real difference in how spouses and children cope with separation and divorce. We make every effort to address these issues in a sensitive and responsive way.
There are many questions to be answered with respect to family law. The answer for you may be more difficult than the answer would be for everyone else because no two cases are identical. We accommodate your specific and individual needs in order to suit you.
Upon separation and divorce, major issues include custody and access to children, support of the spouses and the children and division of property.

Marriage and Separation Agreements are legal agreements to set forth all matters that have been dealt with between the parties.
A Marriage Agreement may deal with one subject matter or any or all of the matters that the parties wish to deal with, subject to legal restrictions. A Separation Agreement can deal with one or more matters and be called a partial separation agreement. Generally, a Separation Agreement deals with all matters outstanding between the parties.
There can also be an interim Separation Agreement which is normally signed dealing with certain issues on an interim basis while the parties continue to negotiate a final Separation Agreement.

Deciding who should have custody of a child, or access to a child, is often the most difficult aspect of a matrimonial separation.The court is required by law to be motivated by what is best for the child, and not necessarily by what each parent wants.The court can order that one parent have sole custody or that the parents share joint custody.If there is more than one child, there is also the issue of split custody.

Being a father. "Paternity suits" are launched when a man denies paternity of a child born out of wedlock. New technology of DNA testing can establish paternity thus obliging the father to provide child support.

Upon separation, a person may be required by the court to provide support for a dependent spouse or child. If the parties agree, support can be provided through a separation agreement.

Spousal support may be payable if one spouse is dependent upon the other. The duration for which spousal support will be payable depends on the circumstances of each case.

Child support is governed by the Federal Divorce Act where the parents are married and intent to divorce. Child support is calculated on the basis of Child Support Guidelines which stipulate the support payable. The amount of support is based on the income of the non-custodial parent, generally without regard to the income of the custodial parent.

In addition to a basic amount of child support, the court can also order the parents to share the cost of such additional expenses such as day-care, medical and dental expenses, university education and extracurricular activities.

For more information on how we may help you please contact our office.