What is a prenuptial agreement? It is a binding contract between future spouses that spells out the division of assets, and may include other issues, in the event of a divorce. All states recognize properly drafted prenuptial agreements.
Should a family law attorney be hired for international adoption procedures? Yes. Because family law attorneys specialize in adoption law, they can ensure that international adoptions are legitimate and legal – plus they will assist with adoption paperwork and passport requirements.
If you are considering divorce, you are far from alone. According to 2009 statistics from the U.S. Census, the national divorce rate was 3.4 for every 1,000 people.
Do you believe that your spouse is unfit to have custody of your child? A family lawyer knows the facts and issues to raise – if they are present in your situation – that commonly lead judges to award sole custody.
In some cases, attachments (a lien on personal or real property created by court order) are issued by courts to preserve marital assets. In most cases, they can be used by the court if there is a substantial risk that property may be dispersed prior to the finalization of the divorce.
Unfortunately, even the most close-knit family can resort to feuding over an inheritance. If you want to ensure there’s no room for your children to fight over your estate after you’re gone, creating a will or trust is a good option.
Although you may clearly be the wronged party in your situation, there’s no guarantee the judge will side with you when you go to court. Having us by your side can help ensure the legalities of your case are framed in the most favorable manner.
There are several factors that are considered concerning the assignment of spousal support in a divorce. These include each spouse’s assumed earning capacity, property and debts received by each spouse, physical and mental health issues, and duration of the marriage.
So what is the approximation rule when it comes to family law? Basically, this is a newer concept developed by the American Law Institute that strives in child custody decisions to maintain approximately the same parenting routines following a divorce as there were before.
There are many enormously important issues to resolve when a couple decides to divorce. Often, an amicable resolution is just not possible. The job of an experienced family law attorney is ensuring that your divorce settlement is fair.
How do I find a good family law attorney for my divorce case? The important issue is experience. Get the names of lawyers from friends or through ads and talk to each prospective lawyer face to face. Ask about their experience and fee structure, and choose an experienced lawyer that you feel comfortable with.
It’s important to understand that once you are represented by a divorce attorney, your spouse’s attorneys may not speak with you regarding the case. If they reach out to you, refer them to your attorney.
In some situations, one parent fears for their and their children's safety because of the other parent or another person. In those cases, we can draft documents that make it illegal for that person to get too close to you, your home or your children.
Are you concerned that asking your soon-to-be spouse to sign a prenuptial agreement will make him or her doubt your commitment to the marriage? Remember, it’s often all in the way you bring up the topic. Remain understanding to his or her point of view, and be willing to hear him or her out.
Is child support tax deductible? Unfortunately no. Child support payments cannot be deducted from taxes, nor can they be added to the recipient’s taxable income. However, different types of child support/alimony structures can help to reduce taxes.
Do you need to set or alter your visitation agreement with your child? We can help you determine the amount of contact you or someone else has with your child, whether you’re the residential parent or not.
Family law is so much more than divorces and custody hearings. We can also assist you with estate matters and adding to your family through adoptions. We want to protect your family as it grows and evolves.
Having an attorney to help you with your divorce or other family matter allows you the comfort of knowing that your case is in the hands of someone who knows what the law requires, and can help you set your case up so that it appears at its best for the judge at the hearing.
Many men who would like to be out of their marriage fear that alimony and child support might bankrupt them. A good attorney can help you do all you can to ensure that your payments will be reasonable, and can help you get the evidence needed to support your case.
Did you handle the finances at least a portion of the time in your marriage? Understanding how much money and property both you and your spouse own is very important since anything you owned together must be divided. Divorces in which one spouse is unaware of the couple's financial situation is often a reason for bitter proceedings.
In family law, collaborative law is a litigation-free means of settling divorce disputes. Under this law, both parties and their lawyers agree in writing that they will not resort to court proceedings, so that new counsel must be retained if the parties decide to litigate.
Remember, our goal in family law cases is to work out all the details with the other party outside of court. Ironing out all the details prior to seeing the judge can make for faster and smoother proceedings.
In family law, an alternative dispute resolution is an out of court settlement process that involves arbitration, mediation, negotiation, or collaborative law, but not litigation. This can be a faster (and sometimes gentler) way of achieving resolution than going to court.
Not yet ready for a divorce or annulment? A legal separation is the first step in that decision. We can help you figure out the best options for children, assets, and is many times a requirement before being allowed a divorce.