Family Law Attorney

Family Law Services

Freeburg Law can support you in the following types of family law cases.

Divorce and Separation

Each state has its own unique divorce laws, which impact every aspect of a divorce case, including custody and property division, and the State of Wyoming is no exception.

While it is always helpful to have a personal support system, it’s even more important to have a divorce lawyer who is extremely well-versed in the law that governs your case. Particularly because no two divorces are ever the same.

In the event of divorce, the District Courts of State of Wyoming will look to divide all real and personal property that was acquired during the marriage.

Some assets, such as bank accounts, vehicles, and the marital home, will be relatively simple to divide. Others, such as business interests, are much more complex and often require professional asset valuations from experts.

Depending on the nature of your assets, Freeburg Law uses individualized, results-driven strategies to protect your interests. Our family lawyers approach each situation with care, ensuring that you receive personalized advice throughout the process.

Judicial Separation

The state of Wyoming recognizes judicial separation apart from divorce. If you are considering divorce but have reservations, judicial separation is a divorce alternative that resolves the same legal issues but does not terminate the marriage.

Marital relationships are extremely personal, and only you know whether there is a chance of future reconciliation. If you simply need time apart, judicial separation may give you the opportunity you need to determine whether a reconciliation is possible, while protecting the financial and emotional benefits of marriage.

Every legal separation needs to have a written agreement as to the terms and conditions of the separation, signed by both parties and the Judge.

The separation agreement should set out each spouse’s rights and obligations during the separation, and it should cover the same issues a divorce agreement would, including child custody and support, parenting schedules, payment of routine expenses, and living arrangements.

Our family law attorneys will manage these complex agreements while addressing your specific family law issues.

Child Custody

Child custody will be determined during the divorce process. If no marital relationship exists between the parents, a paternity or custody action will need to be brought before the Court to formally determine child custody.

Married parents have equal rights to their child unless the facts support an alternative. If the parents are not married, the mother is considered to have custody of the child until paternity can be established.

There are several factors that a court reviews in a child custody determination, including each parent’s relationship with the child, ability to provide substantive care for the child, and willingness to embrace the responsibilities of parenthood.

For obvious reasons, the Court is more inclined to award shared custody to parents who live within close geographic proximity to each other.

The term “standard visitation” is often used. While the meaning of this term is ever-changing, standard visitation is generally considered to be alternating weekends, which you may see in legal agreements as “first, third and every-other fifth weekends”, substantially increased time during the summer, and alternating major holidays.

At our firm, we help clients navigate these arrangements with sensitivity to their family’s unique needs.

Child Support

In the State of Wyoming, child support is determined by a formula that weighs custody time proportional to each party’s monthly income. The Wyoming Child Support Program, through the Wyoming Department of Family Services, assists with the collection and payment of child support.

All parents have a legal obligation to financially support their children. Typically, the parent who has the most physical time with the children will receive child support from the other parent.

However, it is also possible that the parent who has the children more than 50% of the time, but who also has a significantly higher income than the other parent, might have a child support obligation to the other parent.

Our family lawyer can help you understand how these calculations might apply to your specific situation.

Alimony

Alimony is the payment of financial support from one spouse to another to allow the recipient spouse to continue the same or similar quality of life afforded during the marriage. Temporary alimony may also be granted during the pendency of a divorce if a Judge determines that one spouse is in need.

Amongst other factors in determining whether alimony should be awarded, the Court will balance the requesting party’s “need” for alimony against the paying party’s “ability to pay”.

This often includes an in-depth review of each party’s earning capacity, occupation, education, employability, age, health, and even the causes for the breakdown of the marriage. Our divorce attorneys provide personalized advice for managing these complex financial matters.

Contempt

The terms and conditions of any court order are more than just suggestions, it is extremely important to follow the terms of a court order to the letter. The willful, continuing failure or refusal to comply with a court’s order can result in a hefty fine or even incarceration.

When the terms of an order are violated, the compliant party may bring an action before the Court to enforce the order and require the non-compliant party to show cause as to their failure to abide by the order.

Often, a judge will award the compliant party’s attorneys fees to be paid for by the non-compliant party. In such cases of conflict, our family law attorneys can help protect your rights and ensure court orders are properly enforced.

Modification

As much as we try to predict and plan for the future, we are only human. The terms of a divorce decree may not always work a few years down the road.

For example, if a parent remarries and relocates, if someone’s work schedule dramatically changes, or if substance abuse or mental health issues arise.

In the event of a “material chance in circumstances”, the law provides a route to modification of prior court orders.

If you have any questions about what may constitute a material change in circumstances that would warrant a modification of your final order, please contact us to schedule a consultation.

Our family lawyer can review your unique situation and provide tailored advice for family law cases involving modifications.

Prenuptial and Postnuptial Agreements

Simply put, a prenuptial agreement is a contract entered into in contemplation of marriage that defines each future spouse’s rights and obligations to each other during the marriage and in the event of divorce or separation.

Many people, particularly those who have been through a divorce before, desire to protect their assets in a way other than what the law provides.

A postnuptial agreement is often described as the offspring of a prenuptial agreement and a divorce agreement; it mirrors the prenuptial agreement in form, but it reads like a divorce agreement in content.

A postnuptial agreement is a contract signed after the marriage that outlines how the parties intend to divide property and finances in the event of divorce. While they are often drafted as a preemptive measure in lieu of divorce, this is not always the case.

The need for a postnuptial agreement typically arises due to a change in financial circumstances or marital misconduct. As part of our family law services, we can help clients understand how these agreements protect their interests.

It is important to note that neither a prenuptial nor postnuptial agreement may determine issues of custody or child support. In the event these issues are included, it is unenforceable and only an acknowledgement of the parties’ intentions at that time may be inferred.

Grandparent’s Rights

It is extremely difficult to prevail on a grandparents’ rights claim. Pursuant to a 2022 Wyoming Supreme Court case, in order to receive legal visitation rights, grandparents must prove that the parents are either

1. Unfit to make visitation decisions for their children; or,
2. The visitation decisions the parents are currently making are harmful to the children or will be harmful in the near and foreseeable future.

Essentially, a grandparent must be able to show that the parent is unfit to make decisions for the child.

This is a very high burden to prove, but in unique cases, Wyoming law does provide grandparents the fundamental right to visitation with their grandchildren.

If you have any questions about this area of law, please contact us to set up a consultation. These complex family law cases require experienced legal guidance to navigate properly.

Alternative Dispute Resolution (Mediation and Collaborative Law)

Oftentimes, divorces are not as difficult as they seem. Alternatively, divorces can be much more difficult than they appear. Not all cases involve the traditional idea of a married couple litigating their personal issues in a courtroom.

In fact, almost 85% of cases are resolved through settlement. You should know that you have other proven, results-oriented options, rather than litigation, to settle your case.

Our team at Freeburg Law is well-versed in alternative dispute resolution methods, such as mediation, that encourage productive conversation and champion cooperation.

Even when tensions are high and trust is at an all-time low, working with trusted professionals, such as a mediator, can reduce the overall cost of litigation and allow clients to see a new perspective on their case. Our firm prioritizes finding the right approach for each family law situation.

We recommend these alternatives whenever possible, provided it’s in our client’s best interest. The attorney-client relationship is central to our approach in finding the most effective resolution for your specific needs.

Post-Decree Assistance

It is our priority to ensure each client’s success beyond just their case. Oftentimes, a final decree involves a laundry list of chores for the parties to complete jointly and individually.

Whether it be attending co-parenting counseling, dividing joint bank accounts, transferring the title of a vehicle, or paying alimony, we ensure our clients have a full understanding of how to effectuate the terms of their final order before their file is closed out.

Questions about a final decree may not arise until several months, or even years, down the road. At Freeburg Law, our team will make ourselves available to meet with our former clients to answer any questions about your final order and the long-term implications at any time in the future. This ongoing support is a cornerstone of our practice areas and family law services.