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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.