Our family law practice includes the representation of married, unmarried and same-sex individuals in divorce/separation and parenting plan proceedings. We also prepare and evaluate prenuptial, spousal, separation, cohabitation, and domestic partnership agreements; we have vast experience in obtaining and defending against restraining and protection orders.
Divorce
The legal terminology for divorce in Washington State is dissolution of marriage. Veronica Freitas is skilled at working with individuals who are contemplating or going through a divorce and are experiencing one of the most difficult periods in their lives. At V. Freitas Law, we are sensitive to the needs of our divorce clients and have the experience, skill and judgment to get them through the process and place them in the best position possible to continue with their lives. We are highly protective of our client's privacy and confidentiality, yet effective in achieving results for them, whether through agreements, negotiations or court litigation over issues such as child custody, property division and spousal support.
Custody and Visitation
As the most precious and important product of a marriage or relationship, issues regarding child custody and visitation can be the most difficult to settle when the relationship ends. Difficulties may also arise when one parent wishes to move away from the other. If you are grappling with child custody and visitation issues, you need high quality legal representation to help you. At V. Freitas Law, we are sensitive to the delicate nature of these issues, yet skilled and tough when dealing with them on behalf of our clients.
Property Division
Property division is an extremely important part of any dissolution or separation. Individuals have a right to a just and equitable share of all the property to which they have a legal claim. At V. Freitas Law, we investigate, indentify, and claim all property to which our clients' have a legal right with the goal of placing them in as solid a financial position as possible. Property division can be relatively simple or complex, but every case requires careful accounting, study, research and advocacy. V. Freitas Law provides highly skilled legal counsel on property division issues including valuing small businesses and working with experts.
Spousal Maintenance
Maintenance is a payment that one spouse makes for the support of the other after the marriage ends. If one spouse is not financially self-supporting at the time a marriage ends while the other is self-supporting and can contribute to the other parties' support, maintenance is often ordered. The amount and duration of maintenance varies depending on a number of factors. V. Freitas Law represents parties that are seeking support as well as those that are defending claims for support. Since courts have the discretion to determine whether maintenance should be ordered and if so, how much, skilled and experienced legal counsel like V. Freitas Law could make a significant difference in your financial future.
Child Support
Child support is usually a monthly payment made to the parent with whom the minor child primarily resides. The payments are intended for the support and maintenance of the child. Statutory guidelines determine how much a parent will pay, but the court may set an amount of child support above or below the guidelines depending on a variety of factors. If you are seeking or having to pay child support, experienced and effective representation by V. Freitas Law can make a substantial impact on the child support you receive or have to pay.
Retirement Plans and Benefits
Retirement benefits that are earned during the period of marriage or domestic partnership are considered community property and will be allocated in the divorce or separation process. In fact, retirement benefits are often among the largest assets to be divided during the dissolution process. The intricacies of retirement benefits and the laws that regulate them must be understood and carefully considered during the separation and divorce process otherwise a party may later discover that they received more or less of the full retirement benefit that should have been provided. At V. Freitas Law, we know how to identify, analyze, and advocate for the correct allocation of retirement and related benefits.
Tax and Financial Planning In the Context of Divorce
Divorces often present financial planning and tax issues, including those relating to property division, maintenance, child support, and sometimes previously filed or yet to be filed tax returns. Whenever possible, we advocate for settlements or final decrees that do not waste assets through the triggering of unnecessary income, estate or gift tax costs. Our goal is often to maximize the after-tax dollars to our clients while preserving each party's estate. At V. Freitas Law, we have unique expertise in this area. Veronica Freitas has an LLM in tax law (Masters Degree) and can effectively guide you through the issues.
Protection Orders, Restraining Orders and Injunctions
Courts have the authority to impose temporary and long term protection and restraining orders. Restraining orders may be obtained within the context of divorce or separation proceedings and can restrain the other party from wasting financial assets or canceling insurance policies. They can also prevent the other party from coming into contact with the protected parties’ home, work place or school. Protection orders can be obtained as part of a family law action, or as independent action having nothing to do with divorce or separation. The orders may be obtained against family and non-family members alike. In either type of order, the court may require one party to surrender all of their weapons. V. Freitas Law is experienced in dealing with protection and restraining orders. We represent individuals who seek to obtain such orders as well as those trying to defend against them. If you believe you need a protection order or are put in a position of having to defend against one, you would benefit from the tough and skilled representation of V. Freitas Law.
Prenuptial, Spousal, Community Property, Cohabitation Agreements
As long as the correct legal protections and formalities are followed, unmarried and married persons may enter into contracts with each other before, during and/or after a marriage or relationship to provide structure and predictability regarding such matters as their children, property, businesses and other concerns. A prenuptial agreement is a contract entered into by the parties in anticipation of marriage that defines what will happen if and when the marriage ends due to dissolution or death. Spousal, community property and cohabitation agreements are contracts entered into during the marriage or relationship to define how matters will be handled at the end of the marriage or relationship due to dissolution or death. A separation agreement is a contract between spouses who are separating, whether or not future plans involve dissolution, and typically addresses property division. An individual who is contemplating one of these agreements needs a lawyer who understands how to handle their intricate and delicate nature. V. Freitas Law has the expertise needed to determine whether or not such agreements are right for you and, if so, to effectively draft and see them through to completion.
Intimate Committed Relationships/Domestic Partnership Agreements/Registration
Same sex couples have many of the rights and privileges as married couples, if they register as domestic partners in Washington State. However, those rights and privileges are only conferred if the couple actually registers. Many same sex couples have been in long term relationships, but do not meet the legal standard to avail themselves of the family court dissolution procedures in Washington State. In those cases, and in the cases of heterosexual couples who have been in intimate, long term, committed relationships, but have not married, there is a cause of action that allows the court to divide “community like property” the parties’ obtained during their relationship in a similar manner as the court would if the parties had been registered domestic partners or legally married. V. Freitas Law has significant experience litigating these complex cases.
Parentage/Paternity Cases
Many children are born to couples living together without the legal structure of marriage, or to single women. In some cases, the father acknowledges his paternity while in others the father denies it. In either case, the law requires that both parents provide support for the child. V. Freitas Law represents mothers, fathers and alleged fathers in determining the legitimacy of parentage claims and in prosecuting or defending claims for child support. While the quantity of child support is defined by statutory guidelines, the parties and the court may vary from the guidelines under certain circumstances. V. Freitas Law can effectively assist you if you are an unmarried parent seeking child support or defending yourself from a claim for such support.
Negotiated Separation and Property Settlements
Marital Settlement Agreements are agreements made during the dissolution of a marriage. A separation agreement is an agreement between two parties who remain married but who have decided not to live together and want to define their legal obligations and responsibilities to each other and to their children, whether or not dissolution is contemplated in the future. Often the best result for all persons involved in a family law matter is a negotiated settlement. While separation and divorce signify that the parties will not be pursuing their lives together, they do not necessarily mean that the parties will not have to deal with each other in the future. This especially applies when the parties share children. A properly negotiated settlement can help to provide a just structure, understanding and foundation for the parties to move forward with their lives in a productive manner. V. Freitas Law is highly skilled at formulating, negotiating and achieving favorable separation and property settlements for our clients.
Litigation and Trial
While contested hearings and trials are often not the best or preferred way of handling unresolved issues in a separation or divorce, clients' are in a strong position at every stage of these proceedings with attorneys who have substantial trial experience and skills. In fact, you will be hard pressed to find an attorney with more courtroom experience than Veronica Freitas. We have spent our entire legal careers advocating for our clients at hearings, judge trials and jury trials. If contested courtroom proceedings are necessary in your case, you will be confident with V. Freitas Law by your side.
Contempt of Court
After a divorce decree is entered, issues may arise regarding a party's compliance with the terms of the court order. Often those issues have to do with child visitation, child support, and spousal maintenance. You do not need to go without seeing your child or go without money while the other party violates a court order. It is possible to force compliance with court orders by seeking an action to find the other party in contempt of court. If the court finds that the other party knowing violated a court order and had the means to comply with the order, then the court may order compliance with the previous order and sanctions for failing to comply in the first place.
Child Support and Child Custody Modification and Relocation Actions
We represent individuals in modification proceedings when one party seeks to alter the terms of the child support order or parenting plan due to a change in circumstances. We can help change or maintain child custody arrangements, visitation provisions, child support or spousal maintenance payments as well as parental relocation requirements. V. Freitas Law is experienced and effective in dealing with post decree enforcement and modification proceedings.
Non Parental Custody Petitions
A person, other than a child's parent, may petition the court to gain legal custody of a child if it can be proven that the child is not in physical custody of one of its parents or that neither parent is a suitable custodian. V. Freitas Law has significant experience representing both persons bringing a Non Parental Custody claim as well as parents who are defending against one. If you wish to inquire into this type of proceeding or find yourself in the midst of one, you would benefit from our knowledge and expertise.
Visitation for Relatives and Third Parties
V. Freitas Law represents relatives and non-relatives who wish to have contact and visitation with children when their parents or legal custodians do not permit such contact. In addition to helping people establish visitation with a child, we also represent parents and legal custodians who wish to defend against such actions. To learn how V. Freitas Law can help you resolve visitation issues, please contact us.
