Once you have decided to divorce your spouse, there are some things which you must do to ensure that the legal process of divorce is smooth. First, you need to consult an expert and Thomas Hogan Law Office Modesto is a good option. One big decision that can’t be put off for long is who will live where for the time being—that includes you, your spouse, and your children. Our divorce attorneys can assist you with the divorce process. They can file the petition for you and advise you of your options at every stage of the divorce proceeding.
Give us a phone call at (209) 492-9335 for a consultation.
Modesto Divorce: Filing the Divorce Petition
Filing of the divorce petition is the first step in a divorce proceeding. The petition must be filed in the court having jurisdiction and on the correct forms. Once the petition is filed, it must be served on the other spouse. The service must be done as required by law. If the service is not proper, the other spouse can request the court to dismiss the petition. Divorce law is complex. Don’t let the procedures get the better of you. Speak to a divorce attorney from Thomas Hogan Law Office Modesto.
Modesto Divorce: Spousal Support
Spousal support or alimony can be permanent or temporary. Temporary alimony is payable for a certain period of time or until the happening of a specified event such as the receiving spouse getting a job. Permanent alimony continues until the receiving spouse remarries or on the death of either spouse. However the spouses may agree to continue with the spousal support payment even after the death of either spouse. If you are paying spousal support under an agreement, you can negotiate with your spouse to terminate the spousal support obligation. However if your spouse is not willing to accept your request for terminating the spousal support obligation, you will have to file an application in court. If you are paying spousal support under a court order, you must file an application in court for termination of your obligation to pay spousal support. If you want to modify your spousal support obligation, contact Thomas Hogan Law Office Modesto. Our divorce attorneys can assist you.
One of the most common methods of getting unpaid back support is wage garnishment. The receiving spouse must petition the court for an order of wage garnishment. Some support orders provide for automatic deduction of the support amount from the paying spouses wages when the payments become overdue. If such a provision is there in the child support order, then the problem of unpaid back support will be reduced. However, wage garnishments work only if the paying spouse has an employer. If your spouse is not paying child support despite a court order, our Modesto divorce attorneys can assist you collect the unpaid support.
While the laws on divorce between heterosexual couples in place, laws on gay divorce are in an infancy stage. Due to this there is very little legal information on how to divorce a gay or lesbian marriage. If there is a prenuptial agreement between the partners, then the process of divorce is comparatively easy. The prenuptial agreement if drafted properly will contain provisions on dealing with the issues that can arise from a divorce.
In the absence of any laws on gay divorce, gay and lesbian couples have few options. The first option which is also the easiest and least expensive option would be for both partners to walk out of the marriage. However this can be a problem when one partner walks away with more than his or her rightfully share. If you are in a same sex marriage and you want a divorce, contact Thomas Hogan Law Office. Our Modesto office divorce attorneys can review your circumstances and advice you of your options.
Divorce Forms and other Family Law Case Forms
About to file a divorce petition? Requesting spousal support? We have got those forms for you. Just click here.
See what the clients of Thomas Hogan Law Office Modesto say for us
By James N.:
“I would like to refer Mr. THOMAS HOGAN to others who need legal service. They did an excellent job in handling my case. All the staffs were professional, communicated well, efficient, made me things easy to understand and took care of every detail. Especially to Mr. Hogan, was always available during phone calls or emails and he gave value to his client. With Thomas Hogan Law Office, you are in good hands.“
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I was in a difficult situation and needed a reputable and trustworthy lawyer to represent me in court against a government agency. I am glad I made an appointment to meet Tom Hogan in his office. The entire office staff is very courteous and professional. Tom Hogan is very likeable, he has a good sense of humor, and my anxiety went away after talking to him for a few minutes. He listened intently on what I had to say and gathered information by asking me several questions pertaining to my case. He has great attention to details. I was able to understand better my predicament after he explained the situation I am in so I decided on day 1 that he is the lawyer I am looking for. He showed up on all my court dates and stood for me against seemingly insurmountable odds. For those who are summoned to appear in court by the government, I guess you can relate… you are in between a hard place and a rock. His arguments turned around the case in my favor. The last court appearance went like a blur and I was still in disbelief as we are walking out of the court house. I asked him, what is going on? He responded ” We won. They are not going to bother you anymore.”Joe Stockton
Mr. Hogan took a personal interest in helping me with my legal issue. It was refreshing to find a lawyer that did not treat you like a number. He asked all the necessary questions so that he could properly represent me. He obviously has a lot of experience and it showed in how he handled my case. I would definitely recommend Mr. Hogan to any of my friends for legal assistance.Al M. Modesto
When I decided to get married he established my pre-nup. Since I had no idea how or what to put into it he was able to advise me on thing I would have never thought about. then 8 years later I needed a legal separation. Since the pre-nup was very detailed it made the legal separation quick and easy. Tom is very knowledgeable and is very understanding. I appreciate that he is tough when he needs to be but at the same time sensitive to the situation. He won’t just tell you what you want to hear but is honest and tell you how the law looks at things. I recommend Tom to anyone that needs a lawyer!Jeri E. Modesto
Mr. Hogan and his staff were a pleasure to work with. I consulted with them regarding a potential IRS tax issue. They answered all my questions gave me invaluable advise. I am sleeping much better at night since my stress has been diminished. Thank you Mr. Hogan.Evelyn M. Modesto
If you need an attorney with a keen understanding of financial matters, look no further than Tom Hogan. Mr. Hogan deserves the gold star for his accomplishments as an attorney and CPA. I never expected to ever find an attorney as competent, caring and driven as Mr. Hogan. As soon as Tom took on my case, he was determined to help me. He immediately plowed through the reams of documents pertaining to my case, financial and legal, and honed in on the critical pieces.Roberta C. Modesto
We care about our clients and are dedicated to addressing their legal issues to the best of our ability.Tom Hogan Founder