Libby Gilbert Legal

Independent Legal Advice (“ILA”) means receiving legal advice from a lawyer who is acting only for you, and who is completely independent from the other party and their lawyer.
ILA is often required—or strongly recommended—before signing important legal documents. Its purpose is to ensure that you fully understand what you are agreeing to and that your decision is informed and voluntary.

Why Independent Legal Advice Matters

When you obtain ILA, I will:

• Review the agreement or document with you in detail
• Explain your legal rights and obligations
• Identify any risks, consequences, or potential disadvantages
• Answer your questions in clear, practical terms
• Confirm that you understand the document and are not being pressured to sign

This process helps protect you from unintentionally giving up rights or assuming obligations you do not fully understand.

Parenting time refers to the time a child spends in the care of each parent following separation or divorce. The focus of any parenting time arrangement is the best interests of the child, with an emphasis on stability, consistency, and the child’s emotional and developmental needs.

Parenting time is not about parental “rights” or “winning.” It is about creating arrangements that support a child’s well-being while recognizing the roles of both parents.

How Parenting Time Is Determined

• Regular parenting schedules
• Holiday, vacation, and special-occasion arrangements
• Shared or primary parenting time
• Transitions and exchanges
• Provisions for communication between parents and with the child

Child support is a legal obligation designed to ensure that children continue to be financially supported by both parents following a separation or divorce. The focus is always on the best interests of the child, not on the parents’ disputes.

In most cases, child support is determined using the Federal Child Support Guidelines, which take into account the paying parent’s income and the number of children. However, many situations are more complex than a simple guideline calculation.

Accurate financial disclosure is essential. Income issues, self-employment, bonuses, commissions, corporate structures, or fluctuating earnings can all affect the proper amount of support.

Spousal support is intended to address the economic consequences of a relationship breakdown and to promote fairness between spouses following separation or divorce. Unlike child support, spousal support is not automatic and depends on the specific circumstances of the parties and the relationship.

Entitlement, amount, and duration of spousal support are assessed on a case-by-case basis.

How Spousal Support Is Determined

Courts consider a range of factors, including:

• The length of the relationship
• The roles each spouse assumed during the relationship
• Differences in income and earning capacity
• Financial need and ability to pay
• Whether one spouse experienced economic disadvantage as a result of the relationship or its breakdown

In many cases, spousal support is guided by the Spousal Support Advisory Guidelines (SSAGs). While not legally binding, the SSAGs provide ranges for amount and duration and are widely relied upon in negotiations and by the courts.

Premarital, cohabitation, and separation agreements allow individuals and couples to define their rights and obligations with clarity and certainty, either before entering a relationship or following its breakdown. These agreements can help reduce conflict, protect assets, and provide predictability during significant life transitions.

When properly prepared, negotiated, and supported by independent legal advice, domestic contracts can be an effective alternative to litigation.

Premarital (Marriage) Agreements

Premarital agreements are entered into before marriage and can address issues such as property division and spousal support in the event of separation. They are commonly used to protect pre-marriage assets, family property, or business interests.

Cohabitation Agreements

Cohabitation agreements apply to couples who are living together but are not married. These agreements can address property ownership, financial responsibilities, and spousal support, and may later be converted into a marriage agreement if the parties marry.

Separation Agreements

Separation agreements are entered into after a relationship breaks down and typically address parenting arrangements, child support, spousal support, and division of property. A well-drafted separation agreement can provide a clear framework moving forward and help avoid ongoing disputes.

Depending on the type of agreement, domestic contracts may address:

• Division of property and debts
• Ownership or exclusion of specific assets
• Spousal support entitlements or waivers
• Parenting arrangements and child-related expenses
• Financial disclosure obligations
• Dispute resolution mechanisms

Full financial disclosure and independent legal advice are essential to ensure that these agreements are enforceable.