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.
If you are ready to end your marriage, you know how daunting making those first steps can be. Why not choose an attorney who can take care of the paperwork and securing you the settlement you deserve so that you have time to do all that you’ll have to do?
We recognize how difficult it can be to stay focused on the reason for your call when you’re in the middle of a messy divorce. Let’s talk about how we can spare you the unpleasantness of dealing with your spouse by taking over communications.
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.
Have you been considering using a surrogate to carry your children? If you’re planning to draw up legal documents to spell out all the details, this is best handled by a family law attorney.
When you are looking for help in setting up guardianship for a family member who cannot care for themselves, a family lawyer can help you file the correct paperwork and ensure that you have the evidence to prove that such a decision is necessary.
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.
What are the main 5 types of legal adoptions? Agency adoptions, Independent adoptions, Identified adoptions, Relative adoptions and International adoptions. The right type of legal adoption for potential parents will depend on the circumstances surrounding the adoption.
Although divorces can be granted for no other reason than a breakdown of the marriage, sometimes alimony, custody, or distribution of property may be dependent on the way one or both partners have behaved. Your attorney will advise you whether this will apply to your case.
While it may be tempting to use the same attorney as your spouse to cut costs during a divorce, we don’t recommend it. It’s important to have someone on your side looking out for your best interests.
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.
How does property division work in Kentucky?
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What's Mine Is Yours?
Did you know that a contested divorce (where either spouse cannot reach an agreement) is the most complicated type of divorce? This process will typically involve hearings, settlement negotiations, and, in some cases, even a trial.
So what exactly qualifies as community property? This includes everything accumulated over the course of the marriage, including debts, property, savings, and investments.
It’s important to remember that your former spouse doesn’t have the right to cancel your legally scheduled visitation with your children because they’re mad at you. If you’re in a situation where you’re being denied access to your children, we may be able to help.
One of the best ways to get what you want from divorce proceedings is to make reasonable demands. The more reasonable you remain, the less likely a judge will have to make the final call on contested assets.
Do you have property or assets that need to be protected for either tax or estate planning reasons? Whether you're protecting your loved ones here and now by limiting the amount they access, or paving the way for future security, we can work with you to see if a trust is the right way for you to go.
How can a prenuptial agreement limit what one spouse receives in the event of a divorce? Generally, this is accomplished by declaring what property and accounts are separate before the couple marries. A spouse’s separate property would not be shared in a divorce settlement.
Did you know that all states recognize no-fault divorces? However, the parameters on this vary from state to state, with some states requiring that the spouses live separately for a pre-determined period before filing.
Have you tried everything with no results? You know you're headed to court but there's so much going on that you're completely overwhelmed? We can help you navigate the court system. We know how to deal with complex litigation and are on your side.
No matter what type of circumstances are involved in your divorce, we will help you secure a fair and just settlement. By building a strong case, we will establish important leverage during negotiations and court proceedings.
In any custody decision, the court is going to look at several factors. This includes all aspects of the child’s life, including his or her education, safety, health, comfort, and happiness.
No matter how fair a divorce decree may seem, things do inevitably change, and modifications to the court order (in terms of child custody, child support, and alimony) may end up being in your best interest.
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.
In an adoption, one of the key elements is the visit to your home to assess your worthiness as a parent. We can tell you what to expect and the things you should and should not be doing to prepare for that visit.
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.
Did you know that alimony is not guaranteed, even for a spouse who did not work during the marriage? A family lawyer can introduce evidence to show that the non-working spouse is capable of earning as much as the other spouse so that alimony is not warranted.
It’s important to remember that there’s really no winning when it comes to family law and divorce cases. Rather, it’s often better to look for fair and equitable compromises that all parties can live with instead of seeking to gain a victory in name only.
In family law, child support is an important component in any type of custody arrangement and is based on time spent with the children as well as income level. Child support is meant to provide a means for single parents to better be able to meet their children’s financial needs.
While all states use either community property or equitable distribution methods to divide property in the event of a divorce, this doesn't mean that assets will necessarily be split 50/50. Factors to consider include earnings, what assets were acquired during the marriage, and any alimony payments.
If you are in the middle of a divorce, it’s important that you document and inventory all of your home valuables. Make a list of these items, and then have all of these items professionally appraised and officially inventoried.
In family law, “balance of probabilities” refers to the standards of proof required by different courts necessary to establish liability or culpability. The standard of proof is on a “balance of probabilities,” which means that the judge has to believe one person’s version of events more so than his or her disputing partner.
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.
Do judges award alimony after every divorce?
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4 Different Types Of Spousal Support
For many children, the idea of having to say in court which parent they want to live with can be a frightening and painful experience. If there’s any way to keep your child from speaking out, we’ll do everything we can to create a solid case without them.
If your former spouse is an unstable force in your children’s lives, it may be necessary to limit the time they spend together. Let’s talk about your options for visitation.
Did you know that certain costs you incur as a result of divorce may be deductible under your itemized deductions? This includes any fees paid for tax planning, attorney fees for collecting spousal support, and fees paid for securing your interest in a qualified retirement plan.
Are you concerned about what will happen to your children as a result of your divorce? We can explain custody laws in your state. The most common arrangement is joint custody, which is not always a 50-50 split, but does divide custody obligations between the parents.
Have you been trying to decide if you need to hire an attorney for your child custody case? Remember, unless you and the other party are in complete agreement, you need someone on your side.
The term “bona fides of relationship” refers to the intent of parties at the time of marriage to enter into a relationship for good faith reasons. This means the marriage union was not forged simply to obtain benefits for a non-citizen spouse of an American citizen.
If you’ve got a situation within your family that you’ve been unable to settle amongst yourselves, it may be time to bring in an attorney. Let’s talk about how working with a family law attorney can help you settle the issue before things deteriorate further.
Does the court award alimony for every divorce?
WALTONLAWPLLC.COM
4 Different Types Of Spousal Support
It’s important to keep in mind that the biggest factor that the court will consider in determining the custody arrangements for your child will be what arrangements are most in your child’s best interest. We will make sure this is a central focus in our presentation of your case.
Do you believe that joint custody of your children is not in the best interest of your kids? Courts tend to prefer joint custody, but will award sole custody if there are significant issues about the fitness of one spouse as a parent.
It’s important for parents to know that visitation isn’t always a guarantee after the divorce is final. If your spouse has a history of violence or erratic behavior, it may be best to push for supervised visitation.
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.
Did you know that divorce orders of one state are automatically validated in all states? Courts in all states honor and uphold divorce decisions made by other courts.
What is “maintenance” in a divorce case? Your family lawyer can offer more details, but maintenance is simply another term for alimony. Most states allow temporary maintenance during the divorce as well as permanent maintenance. There are many factors that are considered, including how the couple lived during the marriage and the ability of either the husband or wife to pay maintenance.
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.
Couples with significant property who are considering getting married or living together often benefit from a consultation with a family law attorney. A prenuptial agreement or a cohabitation agreement can protect the rights of both parties and simplify things hugely in the event that the relationship ends.
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.
Have you been hesitant to file for divorce because your spouse is your sole source of income? Depending on your unique situation, you may be eligible to receive spousal support.
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.
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.
When it comes to divorce, it’s in your best interest to be as cooperative as possible with your spouse. We will help you define and pursue reasonable compromises that will save you court costs in the end.
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.
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.
Have you been hesitant to file for divorce because your spouse is your sole source of income? Depending on your unique situation, you may be eligible to receive spousal support.
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.
The presumption that children will thrive with exposure to both parents must be overcome if you want sole custody. Some of the reasons courts will consider ordering sole custody include issues of drug abuse and physical abuse.
When it comes to divorce, it’s in your best interest to be as cooperative as possible with your spouse. We will help you define and pursue reasonable compromises that will save you court costs in the end.
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.
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.
Have you been hesitant to file for divorce because your spouse is your sole source of income? Depending on your unique situation, you may be eligible to receive spousal support.
The presumption that children will thrive with exposure to both parents must be overcome if you want sole custody. Some of the reasons courts will consider ordering sole custody include issues of drug abuse and physical abuse.
When it comes to divorce, it’s in your best interest to be as cooperative as possible with your spouse. We will help you define and pursue reasonable compromises that will save you court costs in the end.
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.
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.
Have you been hesitant to file for divorce because your spouse is your sole source of income? Depending on your unique situation, you may be eligible to receive spousal support.