Marriage and Divorce Law

While marriage law governs the requirements for a legal union (such as age, consent, and capacity) and the rights accrued during the partnership, divorce law dictates the clinical process of dismantling that partnership. This includes:

• In-Marriage Rights: Financial transparency, fiduciary duties between spouses, and the right to joint tax filings.
• Dissolution Rights: The orderly division of assets and the determination of ongoing support obligations.

Family law is a broad umbrella that includes adoption, guardianship, and child protective services. In contrast, marriage and divorce law focuses specifically on the adult partnership. SJKP LLP specializes in this practice area because it requires a surgical focus on asset valuation, forensic accounting, and high-stakes negotiation that general family law practitioners often overlook.

Understanding the difference between an annulment and a void marriage is critical for your financial standing.

The divorce legal process is the mechanism by which the state dissolves a legal marriage. Depending on your jurisdiction and the level of conflict, this process can take months or years.

• No-Fault Divorce: The most common form, where a party cites "irreconcilable differences." No one needs to prove a "wrong" occurred to get the divorce.
• Fault-Based Divorce: Some states still allow filing based on adultery, abandonment, or domestic violence. Proving "fault" can sometimes lead to a more favorable equitable distribution of marital property.

A contested divorce is a full-scale litigation where the parties cannot agree on at least one major issue (custody, alimony, or assets). An uncontested divorce occurs when the parties have a signed settlement agreement before filing. SJKP LLP excels in contested scenarios, utilizing forensic discovery to bring the other party to a position where an uncontested settlement becomes their only logical choice.

The divorce legal process varies significantly by state.

• Equitable Distribution: The court divides property "fairly" but not necessarily 50/50.
• Community Property: Generally mandates a strict 50/50 split of all assets earned during the marriage.

If a spouse squandered marital funds on gambling, gifts for a paramour, or hidden offshore accounts, SJKP LLP utilizes forensic accounting to prove marital waste. We seek an "add-back," where the court treats the wasted money as if it were still in the room, awarding you a larger share of the remaining actual assets.

SLogic: If M total is the marital pot and W is the wasted amount, we litigate for your share S to be based on:  S = (M(total) + W) * P X Fair Percentage

• Temporary (Pendente Lite): Paid during the divorce legal process.
• Rehabilitative: Paid while the recipient gains skills for re-employment.
• Permanent: Reserved for long-term marriages where the recipient cannot become self-sufficient.

A support order is only as good as its enforcement. SJKP LLP handles spousal support enforcement when a payer defaults, using bank levies and wage garnishments. We also handle modifications when a party’s income changes significantly (e.g., job loss or retirement).

• Legal Custody: The right to make major decisions (education, medical, religion).
• Physical Custody: Where the child actually resides. SJKP LLP focuses on the Status Quo strategy - maintaining the child's current stable environment to secure primary custody rights for our clients.

Support is usually based on a mathematical formula involving both parents' incomes. However, for high-earning parents, we litigate "extraordinary expenses" (private school, elite sports) to ensure the child’s standard of living is maintained.