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.
What are the three main types of alimony? Permanent alimony, temporary alimony and lump sum alimony. All three types of alimony are commonly used during divorce proceedings depending on the circumstances surrounding the divorce.
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.
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.
A divorce agreement is typically prepared before a divorce trial to address the various issues that are slated to be examined during the upcoming procedure. One of the biggest benefits of preparing a divorce agreement is that it can enable the divorce process to run much more smoothly.
It’s important to understand that a legal separation is not the same as a divorce, and you will still technically be married. However, this is a good option if you want to stay married for the time being while you decide on money, property, and parenting issues.
There is so much going on in any divorce situation. From children’s guardianship concerns to money being split, and perhaps selling a home or vehicles- it can be confusing. An attorney can help you make sense of it all and ensure that your rights are defended to the greatest extent possible.
Working with an experienced family attorney can help to reduce some of the stress in a divorce. The fear of the unknown can be terrifying for many people during a contested divorce, and knowing that a lawyer is fighting for your rights can help considerably.
In community property states, all marital property is defined as either community or separate. Community property is divided evenly and separate property is kept by its owner.
So what is “alienation of affection” when it comes to family law? This refers to any intentional malicious interference with a marital relationship. Historically, under this, a third party could be brought to court, but such a suit is now rare.
It’s important to remember that prenuptial agreements aren’t strictly for the very wealthy and elite. Depending on how your write your agreement, it could ensure that future assets from certain sources don’t get treated as marital property in need of division during a divorce.
There are three general rules that must be followed by your family law attorney in executing a prenuptial agreement. The contract generally must be in writing, be entered into voluntarily by both parties and not be “unconscionable.”
While a divorce is the most common way to end a marriage, it is not the only option available. Depending on the length of marriage and other factors, an annulment may be an option as well.
Child support is commonly involved in divorce cases that involve children under 18. Generally speaking, child support is paid to the parent with custody of the children, and support is determined by the amount both parents earn.
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.
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.
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.
Did you know that prenuptial agreements, which detail the division of property in the event of a divorce, have been around for thousands of years? Royal families in the Far East and Europe commonly relied upon prenuptial agreements to protect property.
Did you know that the payment structures for child support and alimony payments can have an impact on taxes? Family law attorneys will work with both parties to determine the best payment structures to reduce tax payments.
Are there accusations of domestic or child abuse in your divorce? If so, and even if the allegations are untrue, it is essential that you find an experienced family lawyer to defend you. A spouse can lose significant rights if child or domestic abuse claims are accepted by the court.
If you’ve been living in an abusive relationship, the idea of confronting your former spouse for child support can be intimidating. Having us on your side can take some of the fear out of the situation.
It’s important to understand that in any custody decision, the judge is going to look at stability as a primary factor in any decision. We will ensure that this is an important focus when presenting your case.
Media attention on prenuptial agreements in the past few decades in high profile cases involving the super-rich make it seem like the practice is relatively new. In fact, prenuptial agreements have been around for thousands of years.
While any type of legal matter has the potential to create stress, this can be especially the case when you’re dealing with family law matters. Working with an experienced family law attorney can help your case go smoother.
Did you know that the final divorce judgment is generally not written by a judge? Family lawyers know that, and they are used to putting together a document the judge can look over and sign, but it’s a common mistake made by spouses trying to save money by not hiring an attorney.
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.
More and more women are divorced or separated, according to 2012 figures compiled at the National Center for Marriage and Family Research. About 15 percent of all adult women are divorced or separated compared to just 1 percent in 1920.
Unfortunately, there are areas of family law that can become adversarial. Divorces, the battle for division of property, custody, and child support and visitation issues can become heated. We will pursue every legal avenue to fight for the legal outcome you are looking for.
If you are going through a divorce, one of the best things that you can do to maintain your sanity is to let go and accept. Letting go and moving on will yield acceptance and help you to move past your marriage and get on with the rest of your life.
As long as paternity has been established, it's possible to seek child support even if you never married the father of your child. Start with a consultation with a family law attorney to develop a plan for your case.
While there may not be a question of child custody in your divorce, the matter of support can be a different issue. We can help you better understand what kind of support order is fair to all parties.
Has your spouse hired a divorce attorney? Even though money may be a serious issue, it is vital that you also have the advice of family lawyer who has handled plenty of divorce cases. That’s the only way to keep the playing field level.
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."
It’s critical in divorce that you fully disclose all your assets and property. The court can throw out at a divorce decree based on financial deception, even years later.
Every state has its own laws that cover the grounds for an annulment. If an annulment applies to your situation, the result is a much quicker end to the marriage than a divorce, which has a minimum waiting period in most states.
So what’s the difference between custody and access in family law? Custody simply means a parent or guardian has been granted primary responsibility for the child, whereas access then refers to the amount of time the non-custody parent has been given to visit with that child.
Family lawyers actually work in several areas beyond divorce and custody battles. They also focus on laws concerning restraining orders, adoptions, dependency law, and juvenile delinquencies or despondencies.
Are you and your spouse in agreement that a divorce is the best way to proceed? An uncontested divorce is the best way to proceed, but still will take some time because most times require a waiting period of six months before a divorce can become final.
While a prenuptial agreement occurs before walking down the aisle, it may still be possible to create a legal agreement on what happens to assets in the event of divorce even years after the wedding. If you’re interested in learning more, we’re always here for you.
In family law, an automatic restraining order is a court order freezing assets that goes into effect automatically upon certain events, such as the filing of a complaint for divorce. Thus, if a party violates an automatic restraining order by transferring assets without prior leave of court, that party can be found in contempt.
We recognize that the adoption of a child doesn’t always take place between strangers. If you’re ready to take steps to officially adopt your stepchild, we’re always happy to advice on the necessary steps in the legal process.
Can legal determinations for child custody, alimony and child support apply to limited divorce circumstances? Yes. These determinations can still be applied to situations when couples opt for a limited divorce as opposed to an absolute divorce.
If couples file for a no-fault divorce, do they give up rights to child custody, child support or alimony? Absolutely not. A partner who files for a no-fault divorce is simply saying that the divorce is being filed due to irreconcilable differences.
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.
If there are custody issues involved in your divorce, an experienced family lawyer knows the local rules for determining custody and understands the best strategies to argue for total custody, if that is your goal.
Do you know the state with the highest divorce rate in the country, according to 2009 statistics? Interestingly, it was Nevada - known for its wedding chapels and quick marriages in Las Vegas - had 6.7 divorces for every 1,000 people.
When you are in court, it’s important that you treat opposing counsel respectfully, no matter your feeling for the other party. Wait your turn to speak, and don’t interrupt, make faces, or gesticulate when opposing counsel is speaking.
If your divorce involves children, it's important to have the expertise of a family lawyer who has worked out a number of different custody relationships. We can steer through a 50-50 arrangement, or fight for your rights if the other side pushes for full custody.
Alimony, also known as spousal support, is not an American invention. In fact, the Code of Hammurabi in ancient Babylon mentions the concept of alimony.
Are alimony payments indefinite? That depends on the order by the judge. In all states, alimony is viewed as rehabilitative. When a spouse has the training or education to get a job, the alimony is reduced or eliminated.
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.
Remember, anything you say on the Internet can come back to haunt you at any time. Until your divorce proceedings are concluded, it’s wise to avoid posting about anything related to them on blogs or social media sites.
Although few couples like the idea of getting a prenup, before you’re married is the perfect time to consider how you’d split up assets during a divorce. When you’re most in love with your future spouse is the time when you’ll both be most fair with the other.
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.
Remember, anything you say on the Internet can come back to haunt you at any time. Until your divorce proceedings are concluded, it’s wise to avoid posting about anything related to them on blogs or social media sites.
How is a permanent separation different from a legal separation? A legal separation specifies the legal terms of the couple's permanent split including alimony, child custody and child support while a permanent separation does not include these types of considerations and legal specifications.
The U.S. Supreme Court has ruled it unconstitutional for a court to consider race when a non-custodial parent petitions for a change of custody. Essentially, this cannot be the basis for any legal custody decision.
Although few couples like the idea of getting a prenup, before you’re married is the perfect time to consider how you’d split up assets during a divorce. When you’re most in love with your future spouse is the time when you’ll both be most fair with the other.
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.
Remember, anything you say on the Internet can come back to haunt you at any time. Until your divorce proceedings are concluded, it’s wise to avoid posting about anything related to them on blogs or social media sites.
When a couple decides to divorce, money can be very tight as two individuals must adjust to living on a single income. But trying to save money on the cost of a lawyer could put you at a significant disadvantage, particularly if your spouse has a family lawyer.
We recognize that the idea of not being with your children every day after a divorce can be particularly painful. When you don’t believe the standard custody arrangement will be in your children’s best interest, we’re always here to help you understand your options.
How is a permanent separation different from a legal separation? A legal separation specifies the legal terms of the couple's permanent split including alimony, child custody and child support while a permanent separation does not include these types of considerations and legal specifications.
The U.S. Supreme Court has ruled it unconstitutional for a court to consider race when a non-custodial parent petitions for a change of custody. Essentially, this cannot be the basis for any legal custody decision.
Although few couples like the idea of getting a prenup, before you’re married is the perfect time to consider how you’d split up assets during a divorce. When you’re most in love with your future spouse is the time when you’ll both be most fair with the other.
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.
