Attorney Karen Buckley will stay with you and guide you through these times of highly charged emotion, to arrive at fair and equitable resolutions in the best interests of you and your family.

Family Law

DIVORCE

Divorce is the legal termination of a marriage, in which division of property, alimony, child support, child custody, and parenting plans are resolved. Resolution can occur in one of several ways:

• Litigation: Where the court resolves the issues. Generally both parties are represented by attorneys. The process is dictated by statute, case law and court rules.

• Mediation: Where the parties jointly engage a neutral third-party mediator who works with the parties to reach an agreement. It is recommended that each party engage their own attorney to advise them and to review any agreement before signing and present the agreement to a court for approval.

• Collaborative Law: Where the parties each engage a collaborative law attorney trained to work with them to reach an agreement on the issues raised. There is no court intervention until an agreement is reached. Then the parties go to court to have the agreement approved by the court.

CUSTODY / VISITATION

The parenting plan or custody plan is determined by the needs, habits and situations of each individual family, and will change over time. The best interest of the child is the standard. As children grow, needs may change, and the lives of the parents may change as well, so modification will be required to reflect the family's new circumstances.

POST-DIVORCE MODIFICATION

Changes in location or financial circumstances may require post-agreement modification to divorce judgments. A complaint for modification is a legal request for a change in financial obligations or parenting plans as is appropriate in light of the change in circumstances.

ENFORCEMENT OF JUDGMENTS

When one party in a judgment does not comply with an order or judgment, action may need to be taken by the court to compel compliance. A complaint for contempt is filed with the court if other methods are unsuccessful in encouraging compliance.

PRENUPTIAL AGREEMENTS

A couple may find it appropriate to negotiate an agreement prior to marriage that sets forth provisions for how property will be divided and other matters to be resolved in the event there is a divorce in the future. There must be full financial disclosure, and each party should have their own attorney review the agreement prior to its execution.

PATERNITY

When there is a child born out of wedlock, the father may seek to establish paternity to proclaim his legal right to have a relationship with the child. The mother may seek to establish paternity to gain support for the child.

SUPPORT

The forms of support are alimony (support of the spouse) or child (support of the child), as well as maintenance of health insurance and uncovered medical expenses.

DOMESTIC VIOLENCE

Statute 209A provides for a restraining order to prevent a perpetrator from further abuse or causing a threat to the person seeking the order. The restraining order is used to remove the offender from the home, possibly without notice to him or her. Violation of the 209A Domestic Violence order is a criminal offense.

Civil Litigation

When two parties cannot resolve a dispute between them, civil litigation may be the best option. This allows all parties to be represented legally and for a fair and equitable resolution to be found. Karen Buckley will employ her wide knowledge of the law and her negotiating skills on your behalf, ensuring that your best interests are represented.

CONTRACT DISPUTES

Contract disputes arise when two individuals or businesses have a dispute relating to a contract, either oral or written. Some contracts will contain terms that call for mediation or arbitration.

LANDLORD / TENANT

Karen represents both landlords or tenants in lease or possession disputes, including warranty of habitability, eviction, deposit claims, damage claims, or quiet enjoyment.

CONTRACTOR / HOMEOWNER CLAIMS

Karen represents contractors when homeowners have not made payment, or property owners when contractors have provided faulty or incomplete work.

DISPUTES BETWEEN BUSINESSES

These disputes might be regarding leases, contracts, collection of accounts receivables, or defense against collection.

DEBT COLLECTION DISPUTES

Karen works with either creditors or debtors, in debt collection or defense against debt collection.

It is critical in these disputes that your interests are protected. Attorney Karen Buckley will negotiate the court process and the drafting of any agreements. She will represent your interests objectively and use her experience and knowledge to offer you the best advice.

Debt Issues and Bankruptcy

Attorney Karen M. Buckley provides many services that can ease the situation when debts have gotten out of hand.

CHAPTER 7

Filing Chapter 7 involves a liquidation of property, and applies when the client doesn't have disposable income or assets they need to protect, or is unable to finance a Chapter 13 plan to retain assets.

CHAPTER 13

Chapter 13 involves devising a consumer payback plan, which is for a five year period or until the amount is paid back. A schedule of income and expenses is required, together with other financial documents, to determine the client's disposable income and assets.

DEBTOR COUNSELING

Sometimes clients don't need to go as far as filing bankruptcy. Karen will work with a debtor to avoid this step if possible by negotiating with the creditor

CREDITOR REPRESENTATION

Karen also represents creditors in bankruptcy proceedings. Karen will assist in filing a proof of claim, monitoring the bank case as it is proceeding, and if necessary, object to the dischargablity of a debt.

THE BANKRUPTCY PROCESS

The steps in the process can be complicated, but Karen Buckley will be with you all along the way. From the first meeting in her office through the close of the meeting of creditors, Karen will guide and advise the client through the bankruptcy process.

Note: Attorney Karen Buckley does not provide services for businesses going into Chapter 11, but can provide referrals upon request.