Family lawyers provide critical assistance for individuals facing many legal matters. From custody battles and financial settlements, to filing protective orders against domestic abuse.
One of the greatest difficulties in family law is property division, as it can be challenging to determine what is fair and equitable. Some states use formulas while others leave this decision up to individual judges.
Child custody
Child custody can be one of the most contentious aspects of any divorce proceeding. Family law attorneys will work closely with you to create an arrangement that serves in the best interest of your children; or help modify an existing agreement if needed.
The type of custody awarded usually depends on several factors, including both parents’ ability to co-parent effectively and any history of domestic violence or behavioral problems that they may have had during the marriage. Furthermore, courts may consider which parent their child prefers during this process; if one parent was favoured more during that period it could play into this decision as well.
Income can also play a factor in whether or not a parent gains custody. If they possess substantial disposable income and can provide their child with a stable environment, this might increase their odds. Conversely, those charged with parental alienation might not receive custody due to doubt from judges regarding their capacity for providing safe care environments for the child.
Child support
Parents separating typically enter an agreement regarding child support payments that is determined by a court-determined formula that takes into account both parents’ income. The parent who receives support payments is known as an “obligor”, while those making payments are known as respondent.
Parent may need to cover additional expenses outside the standard child support guidelines, including medical costs, extraordinary child care costs and educational fees. Parents can negotiate an amount with each other or request modification of standard child support guidelines by the court.
Parents must understand that courts don’t want to get involved in disputes over how one parent spends his or her child support payments. Without proof that receiving parent is simply spending it on themselves without providing care for children, courts will generally stay out. If one child is being neglected and parents cannot resolve it through discussion alone, if possible they can petition the court and request enforcement measures be implemented.
Spousal support
Spousal support (also referred to as alimony or maintenance) is financial support paid from one spouse to the other during or after a divorce in order to maintain their standard of living as it was prior to marriage. The payment of such maintenance may be determined during court proceedings as part of a divorce case and ordered by a judge.
Judges consider various factors when awarding spousal support and, if so, how much and for how long. This may include factors like length of marriage, income needs, ability to pay, age/health of each spouse as well as standard of living established during the marriage. Judges may also order rehabilitative spousal support so supported spouses can gain the education and training required for self-sufficiency.
Spousal support should be reviewed periodically as life changes occur, with its amount, duration or even existence subject to modification depending on circumstances. Therefore it is wise to discuss this matter early with an experienced family law attorney so as to better understand all available options and their impact on financial future.
Prenuptial agreements
Prenuptial agreements can help eliminate confusion and animosity in the event of divorce or death, by outlining how assets should be divided and determined – as well as outlining who will manage their estate after one partner dies.
Although some might see prenups as being less-than-romantic, they can help protect anyone with significant property holdings or income. Prenup agreements tend to be created by couples who bring substantial assets from previous relationships into their marriage as well as those who already have children from previous relationships.
Prenuptial agreements vary by state law; their contents depend on it and could cover nearly anything that could compromise a couple’s financial rights in case of divorce or death, with some restrictions such as child custody and support payments not covered. A lawyer can help clients draft agreements that comply with state requirements; it must also show that it was entered into freely, free from duress or undue influence.
Divorce
Divorce can be an upheaval in life for all involved, particularly for children. Finding an attorney that understands child custody arrangements that work for everyone can help smooth out this transitional period and establish visitation rights that suit everyone involved. A legal advisor may also help clarify child support obligations as well as any financial matters.
Family law attorneys provide invaluable help with issues such as estate planning and domestic violence. When necessary, they can file for restraining orders or even arrange mediation instead of going directly to court.
Family mediation can often be less contentious than going to trial, leading to mutually agreed-upon settlements and saving both time and money for all parties involved. Divorce mediation can also be helpful for couples considering marriage; it could prevent future disputes about similar issues that come up later; additionally it helps minimize acrimony between spouses while making sure their final divorce decree is fair; in certain states divorce can only be granted if both sides reach an agreement regarding property division, alimony payment arrangements, child custody arrangements etc.