Law Office of N.R. Bauer

Family Law

We provide personal attention in a divorce proceeding throughout this most difficult period such as counseling on the fair division of assets and liabilities to handling child custody, visitation and child and spousal support issues. Throughout this process, the client makes decisions under the guidance of the attorney. Together, we can devise strategies to meet your goals.

Division of Property

In order to make an informed decision, a party must have a clear understanding of their rights and liabilities pertaining to his or her assets and/or obligations. For example, property acquired during marriage and prior to separation are  normally treated as community property which is subject to equal division unless there was a written agreement by the parties to do otherwise. On the other hand, gifts, bequests or inheritances received before and during marriage are separate property.  Because a typical divorce involves properties accumulated during marriage which may include real estate, pension funds, investments, debts, bank accounts in various forms, insurance, debts and other assets  which could be concealed, professional assistance may be necessary in order to determine the extent and scope of a party’s property rights to achieve a fair and equitable distribution.

Child Custody, Visitation and Support

The most important factor in determining custody is the best interest of the child. If one parent is awarded “physical custody,” the child is physically present the majority of the time, usually through the day to day involvement of a parent which may be subject to visitation orders by the court.  If one parent is awarded “legal custody,” such parent will be responsible for the health, education and welfare of the child.  In some cases, the parents may be awarded joint or shared custody. We have dealt with “move-away” cases which can develop into serious issues where one parent who has legal and physical custody moves out of state or even out of the country and takes the child with him or her over the objection of the non-custodial parent. The courts will consider relevant factors such as the health, education, welfare and maintenance of a stable environment for the child, and perhaps other factors such as any detriment to the child. On the issues of support, the children’s needs should be met in accordance with the parents’ income, assets and their responsibilities. In other words, the two resulting households ideally must maintain similar standards of living as shared with the children. Our experience as family law attorney may be able to provide legal assistance in navigating this complex matter.

Spousal Support

The courts may order temporary spousal support, mostly likely in the form of financial assistance for the purpose of preserving as close as possible the standard of living of the parties  enjoyed during marriage pending trial and subsequent distribution of assets and debts.

Normally, each party is required to provide information such as statement of assets and liabilities, an income and expense declaration and income tax returns. These documents along with the duration of marriage are some of the most important bases for determining permanent and/or temporary spousal support. We strive to discover factual truths and credible evidence in order to determine, among others, the extent of earning capacity, the needs of each party, and the ability of a party to render support. We will assist our clients to affect a just and equitable result.

Domestic Violence
We can assist men, women and children who are or would be potential victims of domestic violence in obtaining legal protection such as:
  • Temporary restraining order for a period usually lasting thirty days or, permanent retraining order usually to last for a number of years depending on circumstances
  • Child custody, visitation rights and monetary awards
  • Access to immigration relief for immigrants who are victims of domestic violence

Legal protection may include a court order to stay a certain distance from a victim or to refrain from direct or indirect contact with the victim.  Our law office shall strive to provide to most accessible services while informing clients of their options.