Did you know that a spouse can object to a fault divorce by presenting a defense to disprove the fault complaint? An example of this is condonation, where it’s proven that the filing spouse knew of the conduct, forgave it, and resumed the marital relationship.
Am I guaranteed half of the community property purchased during our marriage? It is possible for an unequal distribution of community property in the nine community property states in the U.S. That would only happen if a judge determined it was the fair thing to do, such as a marriage in which one spouse has much greater earning power and was to blame for the breakup.
Some of the legal language in custody battles can be very confusing. We'll make sure you understand the difference between things like "partial physical custody" and "shared legal custody."
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.
Premarital agreements are also called "cohabitation agreements" and are a way of asserting legal rights for cohabiting couples. Indeed, such contracts, written up by a family law attorney, are a way of establishing rights as per debt, child custody, and property division should the couple later split up.
If, once a couple is married, they decide they want a contract to protect them in case of death or divorce; it is possible to come up with a post-nuptial agreement that can be legally binding if Statute of Frauds conditions are met.
What is an identified adoption? With this type of adoption, a birthmother who wishes to give up her child is located and contacted directly – without using the services of an agency. This type of adoption can help prospective parents to avoid lengthy adoption agency waiting lists.
Most people have heard of prenuptial agreements, but more and more people are now opting for postnuptial agreements, too. A family law attorney will sit down with you and your spouse and help you work out a legal agreement that covers the issues you're running into.
How long will spousal support last? Virtually all courts in the country end spousal support if one of the ex-spouses dies, if the spouse with support gets remarried or if that spouse begins a live-in relationship. One spouse can ask the court to revise or end spousal support if there is a substantial change in financial circumstances.
It’s important to keep in mind that an award of alimony is much more likely to be made in the case of a long-term marriage. Specifically, this will need to involve the supported spouse having made various sacrifices for the career of the other.
Going to court can be a scary process, and even more so if it's an emotionally charged issue like divorce. Your family law attorney will meet with you ahead of time and go over what to expect, so you are fully prepared for your court date.
A prenuptial agreement can be beneficial for any couple, not just those who are rich. If one spouse wants to protect a business interest or large savings account, for example, a prenuptial agreement can do that.
Child support is a scary but necessary part of any family dissolution. We can help you not only figure out the right amount of child support needed for your child, but should the unthinkable happen, we can help collect if needed.
Divorce can become a very complicated process once things like child custody, property division, and living arrangements are dealt with. One of the best things that you can do to minimize the stress and heartache of divorce is to avoid court, and forge a compromise with your spouse.
Whether you are receiving or paying child support, it’s important that you keep careful records. Make a note of each check number, the date of receipt/payment, and the amount of the check.
In collaborative divorces, experts are often hired jointly to advise the parties. For instance, a financial adviser might review the marital estate, while a parenting expert might provide input as to the best custody situation for the children.
If you’re in a hurry to make a permanent split with your spouse and begin your new life, it’s to your advantage to use a family law attorney. You may find that creating and filing the paperwork yourself can lead to unexpected delays when there’s an issue with any of the paperwork.
While we can advise you on what the law says about the division of your assets, you know your soon to be former spouse best. If you can anticipate what specific assets they’ll want, we can draw up our proposed division from there.
So what are some of the common grounds for annulment (meaning that a court determines that a marriage was never legally valid)? This can include everything from serious fraud to one party’s legal incompetence at the time of marriage.
If you're looking for a way to avoid an uncertain outcome in court, collaborative law is a way to work with lawyers and your partner to come up with a solution to your family law needs without worrying about future litigation. We can help you with this option, if that's what you prefer.
Unfortunately, not all biological parents are always able to put their children first and act in their best interests. If your new spouse is willing to be the parent your child has been missing, we may be able to help you with a legal adoption.
The idea of child support was that the child should not suffer because his parents divorced, and that the parent who is best able to support the child should be helping to do so, even if they are not the custodial parent. A truly fair settlement does exactly that.
There are times when it’s possible to go without a family lawyer in a divorce, but if there is an issue over custody, or considerable property to split up, it’s in the best interests of both parties to have an expert in their corner.
Most divorces end up being highly emotional experiences. We will help temper any emotions experienced by you and/or your spouse and prevent them from interfering with the efficiency of the process.