Family law gives families opportunities to manage a multitude of circumstances that could emerge within a family. Marriages do not always work out, and parents face difficulties when dividing their lives. The laws in the family court outline the responsibilities of each party and their rights. Disputes among families can become devastating and require outside help to resolve. Parents or couples facing these dilemmas get assistance from family law attorneys.
Reasons To Hire A Family Law Attorney
Filing For A Divorce
Any party has the legal right to start a divorce case. Under the current laws, couples petition the court when their marriage has suffered an irretrievable breakdown. The grounds do not assign direct blame to either party, and the case doesn’t proceed based on who is at fault. The divorce itself grants each party the right to leave the marriage and start a new life.
During the divorce, the couple must make decisions about their property, their children, taxes, monetary assets, and debts. The family court gives the couple a chance to resolve disputes and reach an agreement on these matters without court intervention. Residents of Wales that are ready to start a divorce case can get started by contacting Conditsis Lawyers now.
Dividing Marital Property And Reaching A Settlement
Each party has the right to assets accumulated during the marriage. The ideal solution is to sit down together with their respective legal counsel to review each topic and make a final choice. In most cases, the petitioner starts an agreement with their family law attorney outlining their current preferences. The attorney presents the agreement to the defendant and their lawyer.
If the defendant agrees to the terms, they sign the agreement and wait until the end of the waiting period to get a final decree. If they do not agree, the attorneys begin negotiations. If these negotiations are not successful, the couple starts mediation.
Mediation gives both parties a chance to discuss each topic in the divorce agreement. If they can reach an agreement, the documents are signed and submitted to the court. If not, a divorce trial is scheduled. A divorce trial could take as long as two years, and the court makes all final decisions for the couple.
Spousal Maintenance And Support
Spousal support and maintenance are not always permanent. Alimony or palimony gives the other spouse the opportunity to attend college and increase their earning potential. Courts give a spouse the payments to achieve the same lifestyle they had during the marriage. Temporary spousal support may provide financial support only during the divorce.
It could also provide monthly payments while the spouse attends college or pays for the college degree program. Permanent spousal support is awarded to a spouse that cannot support themselves because of medical conditions, their age, or current health status. Even life-long spousal support could end if the spouse remarries.
A spouse cannot get spousal support in every divorce case. The length of the marriage and the divorce grounds could warrant spousal support. If the petition has evidence of infidelity, it is possible to get spousal support. It is recommended that the petitioner discuss the possibility of spousal support with their family law attorney and compare their reasons for the request to current divorce laws.
Spousal support is not a guarantee in divorce, and approval is granted based on a justified reason for the request. It is often circumstantial and based on proof that support is necessary. A spouse cannot get spousal support to retaliate against their former spouse or because they didn’t want to get divorced.
The request must be substantiated according to the facts of the case. However, a prenuptial agreement could enforce spousal support if both parties agreed to the terms prior to the marriage.
Child Custody Arrangements And Parenting Time
Child custody arrangements are not as simple as joint or sole custody. Even if the couple agrees to joint custody, one parent has primary physical custody of the children. With primary physical custody, even though there is a joint custody arrangement, the custodial parent has more control than the other.
Joint custody means that each parent has a right to make decisions about the children, but the parent with primary physical custody makes more decisions about day-to-day responsibilities and requirements.
By defining clearer terms, each parent could get more rights to the children and balance their authority over their kids and reduce common misconceptions. Consent orders cover a variety of conditions in a divorce case, and child custody arrangements require consent from both to form the agreement.
Sole custody is more restrictive than joint custody. One parent gets complete control over all aspects pertaining to the child. The noncustodial parent has supervised visitation that is monitored by an officer of the court or a trusted family member. A parent must present a serious risk to the child to arrive at this juncture. A parent cannot make unfounded allegations and get sole custody.
Child Support Orders
Child support is calculated according to the total number of children, the parents’ incomes, and any additional financial needs for the children. A misconception about child support is that the courts always make it affordable for the noncustodial parent.
This is not true, but most laws prevent it from exceeding 60% of the noncustodial parent’s income. Whenever possible, the parents must come to an agreement about support payments. If it is up to the court, the parents do not have any control over the amount.
Divorce laws outline requirements beyond the marriage itself. Each party has a responsibility to make decisions about life events beyond the end of their marriage. If they have children, they need a custody arrangement and make decisions about parenting time. If the couple has existing debt, they must decide who pays each debt and why.
The couple has the opportunity to decide if spousal support is necessary and how it will help during or after the divorce. Whenever possible, couples must forge their own agreements without the court’s involvement. By creating amicable terms, the couple could finalize their divorce and avoid a divorce trial.