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Family Law

Determining Child Custody Pending Divorce; Amount of Spousal Support

There are many factors that are considered when determining who gets custody or visitation of a child. Many factors are considered, including child support, alimony, length of marriage, value of the children, credit history and lifestyle of each parent. Because every family is different, and the reasons for divorce vary from one family member to another, custody and visitation can vary from one case to the next. A divorce lawyer is knowledgeable about local divorce law and can assist you with the many details to make sure your divorce proceeding runs smoothly. Below are some of the key factors that will be considered in determining custody and visitation for your child.

Divorce and Child Custody Law

 

Who is My Spouse? – States have differing definitions of what exactly is “spouse” and what are the legal rights associated with a spouse. A local divorce lawyer can assist you in determining what rights you have as well as what your spouse has the right to claim under the divorce law. The divorce lawyer can also tell you if there is a basis for why your spouse should receive certain benefits such as child support or alimony.

 

How Divorce Laws Work – Every state uses a different method when calculating how much money is due to a former spouse for the cost of a divorce and any other expenses incurred. Along with these expenses are usually added in alimony payments that are awarded at the conclusion of the divorce case. Alimony usually is determined by a division of marital property and is paid by one party to another after the dissolution of the marriage. Divorce attorneys will be able to provide you with more specific information about how divorce works in your area.

 

What is Needed For a Divorce to Be Final – A divorce lawyer will explain to you all the legal steps that are involved in the divorce process so you will fully understand all that is involved. The legal proceedings that take place after the divorce can be quite lengthy and complicated, and can even involve several trips to courtrooms throughout the process. Your divorce lawyer will help you move through all of this as quickly and efficiently as possible.

 

You may think that there is nothing left to gain by having a divorce lawyer like the Lennon family law attorney handle the entire process, but you would be wrong. In fact, your lawyer will be able to gather and organize a large amount of information about your assets, your spouse’s assets, and your child’s assets before your divorce case ever gets filed. This will allow your lawyer to prepare for your hearing by filing appropriate paperwork and serving documents on your spouse. They will also be able to build a defense for you by gathering witnesses and documentation to testify at your divorce trial. If your lawyer wins the divorce case, you will be entitled to all of your marital assets regardless of what the other party had already done with them.


Will Your Spouse file for a contested divorce? – There are many situations where spouses do not agree on the distribution of their assets. In these situations, a divorce lawyer may be required to mediate the dispute between the two parties. If the spouses are unable to settle their disputes, or if one spouse seeks more money than the other, then a divorce lawyer will be needed to mediate the disagreement. It is also possible that one spouse will not want to have their assets distributed because they believe that they deserve more money or think that they are entitled to something that was not communicated properly during the marriage.

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Family Law

Role of Lawyers in Getting the Fairest Divorce Outcome

When you are seeking the services of a family law attorney it is very important that they have experience in dealing with your specific situation and a solid understanding of divorce proceedings. This is especially true if you have filed for divorce yet are not sure where you stand. It is also important that you fully understand the legal process involved and have an understanding of your rights as well as those of your former spouse. It is critical to retain only an attorney who will work diligently to ensure that you have the best opportunity to obtain the fairest outcome for your divorce.

 

A collaborative divorce is when both spouses are represented by their own individual attorneys. Mediation is a form of alternative dispute resolution (ADR), which involves a third party assisting a couple resolve their divorce via confidential, mutually agreed negotiations. The certified mediator may be either a licensed therapist social worker, or an attorney who has been professionally trained in collaborative negotiation. This type of mediation often results in a much more amicable settlement than does a traditional litigation process.

 

Separation and divorce are very complicated situations that require the assistance of an experienced professional. There are many aspects to a separation and divorce that divorcing couples will need to discuss and decide upon. When considering the filing of a divorce action, the primary issue at play is whether there is a possible future possibility of reconciliation. Many couples decide to divorce because they cannot agree on how to separate their finances or on the division of their marital property. Couples may also desire to separate their children from their spouse.

 

No matter what the reasons are that individuals choose to file for divorce, they must also seek the advice of an experienced divorce and family law attorney. It is always wise to have a mediator to assist you in this very complex situation. Divorce mediation is extremely helpful if both parties are seeking an amicable resolution to the divorce. Mediation can occur before or after the filing of divorce papers, whichever is preferable for each individual. Divorce mediation can be extremely helpful if one party is financially strapped and unable to retain a lawyer or retain the services of a proficient divorce and family law attorney.

 

It may be beneficial for you to have your attorney present during the filing for divorce in court if there are children involved. Your attorney can advise you on how to protect any pension or retirement accounts that you may jointly possess with your spouse. If you have determined that there may be a difference of opinion regarding any property or assets, your attorney can mediate a settlement agreement that ensures that both parties receive their fair share. Your attorney can also advise you on how to best present your case in court so as to maximize your chances of winning the case. Your attorney can also prevent the other party from coming out with negative stereotypes about you or otherwise trying to paint you in a bad light.

 

It is very common for both parties involved in a divorce to hire their own individual lawyers. Although a lawyer’s fees will definitely be additional than those of a spouse who does not have a lawyer, it is advisable to have one on retainer just in case your lawyer becomes unavailable. In addition, it is much less expensive to retain two separate lawyers instead of one. The divorce process can become quite complicated when one spouse has substantial assets such as a home or business. If one spouse is able to retain only one lawyer, they must divide ownership of these assets equally.

 

For couples who have gotten married before 2021 and whose marriage is still legally intact, it may be possible to get a legal separation. Legal separation is achieved by separating legally from your partner; you will not be required to file for divorce, however, it is recommended that you consult a divorce lawyer to make sure that you are legally separated. A legal separation is not a prenuptial agreement and therefore, cannot be enforced in court like a prenup.

 

Another option available to couples who wish to pursue a quick divorce is through a no-fault or mediation process. No-fault means that both parties agree to the divorce beforehand, either through an agreement in court or through a mediation session. Mediation can be extremely helpful, as both parties can speak with a neutral third-party that they feel comfortable speaking with. A mediator may also help to bring parties together who otherwise would be sitting separately in a courtroom. It is important to note that some states do not permit mediation, and divorce can only be filed after a court hearing. Regardless of which option you choose, hiring an experienced divorce attorney is a great way to ensure that your divorce will be contested properly.