Tag: Family Law and Divorce

How Family Law and Divorce Attorneys Can Help

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Family law is the divide before disaster. It is important to set a plan in place before a divorce or adoption so there is a clear parameter of the expectations of everyone involved. These events are often uncertain and uncomfortable it is useful to have a second party who can argue in your favor and who is also well versed in the surrounding laws. Family law encompasses marriage, divorce, child custody and support, child advocacy, and estates.

Marriage is a positive aspect of family law. Assets are discussed in the prenuptial agreement before a marriage to ensure peace of mind from both spouses. It can actually lead to feeling more at ease with knowledge of being treated fairly even if it went sour. If assets have to be brought out in divorce court it is called a postnuptial agreement. Divorce is the legal end of a marriage. It is never a ‘good time’ with raw emotions and never peaceful. To avoid bringing all of the complications to the forefront of the trial, it is usually beneficial to hire a lawyer to sort through the trenches as a second party.

Child custody and child support are important for protecting and providing for children involved in divorce or abuse. Child custody can be a very passionate battle for both parties. The court must argue for the rights of the child therefore whichever party the court decides will be the principal guardian. Child custody is not legally acknowledged in a prenuptial or postnuptial agreement but it may be considered. It is important for everyone involved for the right outcome to be the verdict having the right representation can be hugely beneficial in receiving the right outcome. With the amount of raw emotions flying around having someone to represent the case helps remove the conflict.

When parents are both suitable but cannot make a fair decision for custody the court demands for behavioral evaluations of each child. Both parents are asked to sit in a controlled setting and interact with their children repeating the scenario with multiple psychiatrists who report back to the court who they view to be most fit to be the custody holder. In cases of adoption it is equally as important for the child to go to a loving providing home and law protects the rights of the child. The court system of family court pertaining to children will always be in favor of the child’s best interests.

Estates are also dealt with through family court. It disperses the assets between couples. Estates, marriage, divorce, child custody and support and child advocacy are all aspects of family court. Find representation and prepare before hand for everything life may throw out. There is no beating someone who is prepared. Protect the family.

Family Law and Annulments

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We have all heard about people getting their marriages annulled but a lot of people do not know what an annulment is or if it could apply to their marriage. In general, an annulment is a legal action that makes a marriage void. It is different from a divorce because a marriage that has been annulled is considered to have never existed. When two people get divorced, all marriage records remain recorded as well as the divorce. Each state has its own specific laws when it comes to getting a marriage annulled. Annulments are normally very rare and are only granted under very unusual circumstances.

An annulment can be granted for many reasons. The reason itself is often called an impediment and is why the marriage should not be valid. An impediment can be prohibitory meaning that it was wrong to enter marriage in the first place. These types of impediments include things such as already being married to someone else or marrying your brother or sister. Other reasons for annulment include insanity in relation to consent, not intending to remain faithful when marrying, deceiving one party in order to get consent, being abducted and forced to marry, and many others.

Under family law in some states, an annulment of marriage may be declared void by the superior court. If children have been born or will be born as a result of the marriage, it cannot be annulled. Anyone who enters a marriage that should be by law declared void has the right to file for a petition for annulment. They may also file for a petition for divorce as long as grounds exist. Service, jurisdiction, procedure, and pleading are the same as when obtaining a divorce. If annulment is granted, both parties will return to their status prior to the marriage and the marriage is considered void.

A court must decide to annul a marriage and make it legally invalid. Some people seek annulment through a religious court. Even if a religious court annuls the marriage, it is only legal if annulled through a court of law. Civil annulments can be granted for things such as incest, fraud, bigamy, and active substance abuse. They cannot be granted just because you are not getting along, dislike one another, or been wronged in a way that would normally qualify for a divorce.

Civil annulments are simpler than a divorce and they remove the legal foundation for the marriage. Division of assets is not an issue and each party keeps what was originally theirs. Certain state laws that pertain to things such as the two parties living together may change the court’s ruling. Even though the laws are different in each country and state, the petition must commonly be filed before two years of the marriage have passed.

Family law attorneys can help you with questions you have in determining if your marriage can be annulled. By consulting with an attorney about family law and annulment requirements you can decide if annulment is an option for you. They can then help you get the process started by filing the appropriate paperwork for the annulment.

Family Law and the Division of Marital Assets

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Determining what assets should be included as marital property and who gets these items can be a pretty big argument between divorcing couples. Property acquired before marriage may or may not be considered marital property. When a prenuptial agreement exists, it can help determine the marital assets and protect anything owned prior to marriage. Stay at home moms and other non-working spouses are protected by the court in some states and can receive part of the assets or compensation for them. Other factors such as who will be raising the children and who has more income can sway how everything is divided.

With the exception of rare circumstances, everything acquired throughout the marriage is included as marital property. These are things such as the home, vehicles, and bank account funds. By being married both parties agree to share financial gains and losses. Marital assets can be divided in two ways depending upon the standards of family law set in each state. Approximately ten states follow community property laws while the others use equitable distribution. Knowing the particular states laws can be very helpful in being prepared for the divorce and proceedings. Divorce lawyers can help determine which assets will be included as marital assets and most reasonable way to divide them.

Equitable distribution is the more common of the two ways to divide assets. Distribution of assets is not necessarily guaranteed to be 50/50 in these states. The court itself decides what division percentage is fair and reasonable for both parties. A court makes this decision based on many different factors. Some of them include the length of the marriage, both parties’ income, responsibility for the children, and debt. Another factor is what each person had when they entered the marriage. A prenuptial agreement takes precedence over the laws definition of distribution and can make determining the marital assets much easier.

Remember these things when it comes to equitable distribution. Everything bought during the marriage will be divided. Who bought it or whose name is on the item does not matter. It is the responsibility of the divorcing couple to prove which assets are marital assets. This includes proving a spouse got rid of certain assets knowing divorce was inevitable. Having knowledge of the state laws can make it easier to work with divorce lawyers in getting desired items or compensation. Finally, each party is also responsible for debt accrued during the marriage.

Community property results in a 50/50 distribution of all marital assets. All debts are also marital property and will be equally split between both parties. Spouses who know their state follows community property laws may hide debt or increase it as a way to get even. When a home is owned in more than one state, it may be possible to file for divorce in either state. Consult with someone familiar with family law to determine which state’s laws will be most beneficial when filing for the divorce. People with higher incomes benefit more from equitable distributions states whereas someone who has no or very little income would benefit more by community property laws.

Family law for division of marital assets varies per state. Some states follow community property laws where all marital assets and debts are divided equally. Others use equitable distribution and a judge decides how the assets are to be awarded between the two parties. These states can award a different percentage amount to each party. Divorce lawyers can help anyone contemplating or going through a divorce on deciding what items are marital assets and provide recommendations on how they should be divided.

Family Law Attorney – Divorce & the Case For a Family Law Lawyer

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Is A Family Law Attorney Really Required In A Divorce?
A divorce obviously represents a major change in a relationship. Most of the interests of the parties, once unified, are now being split apart. Divorce is a new experience for most; it involves many changes, it’s disrupting, and it’s challenging. Given all of the issues that need to be addressed and the highly emotionally charged atmosphere, the situation can degenerate quickly into a nasty, difficult state of affairs.

Many myths abound as to outcomes of a divorce… these myths can contribute to hard feelings and harmful actions.

Bottom line, you need to protect your rights. And, if you have children, you especially need to protect both your rights and the rights of your children.

And, quite simply, for most the best way to protect your rights is representation by a qualified family law lawyer.

Skillful Divorce Legal Representation

It is crucial that you have skillful legal representation as soon as possible after you decide to divorce. It is important to know your rights… and your obligations.

It is critical that obligations are fulfilled at the time of the separation of the parties. Temporary agreements should usually be established immediately that deal with issues such as child custody, spousal support, maintenance, property division, visitation, parenting rights, and child custody. Initially, these agreements are designed to be temporary and to put each party in the best position possible while the divorce negotiations occur.

While your marriage is being terminated, if there are children the family relationship must continue. There is an opportunity to establish a good working relationship with your soon-to-be ex-spouse that demonstrates your commitment to be as helpful as possible as you each establish new homes and adjust to new realities.

A Skillful Family Law Attorney Can Save Time, Money & Reduce Stress

A divorce can take up to a year or more, depending on how quickly the issues can be solved by the parties.

Each of you can make the other’s life miserable over ongoing disputes over custody, visitation, money issues, and whatnot. It’s in the best interest of parties and the children to get the best legal advice possible in the beginning so that one party doesn’t have to go to court to get temporary relief which could have been negotiated.

How Family Law Involving Divorce Is Arranged in Canada

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In Canada Family lawyers often have to represent their clients in both federal and provincial court systems. This is the result of the statute based system used to arrange Family law in Canada.

The actual marriage or divorce is handled by the federal government under the Constitution Act of 1867. Marriage and Divorce are legislated under the Divorce Act. In accordance with the Divorce Act the federal government has jurisdiction over custodial and access matters and child support and spousal support during or after a divorce.

The Provincial Government has exclusive jurisdiction over property and civil rights as stated in the Constitution Act, 1867. This includes property division, spousal and child support, custody and access to children, adoption, and child protection. Therefore, each Province has an Act that covers the rules applied to property division.

Canada is very clear on what constitutes grounds for the dissolution of a marriage.

First the spouses must have taken part in a valid marriage. These can be between partners of different sexes or the same sex. A marriage is not valid if one of the partners does not have the capacity to enter into a marriage or to agree, or where a direct familial relationship such a parent/child or sister/brother exists. However, this exclusion may not apply if one or both siblings have been adopted. A valid Canadian marriage must be solemnized within the Province rules where it was preformed; although, this does not have to be the Province where the partners live.

The formal steps that need to be taken for a valid marriage are clearly defined in the Provincial Marriage Acts. They must have obtained a marriage license, they have to be old enough or have parental consent. In many cases, a marital separation may precede a divorce. In these cases a Family Lawyer will draw up a separation contract. A separation agreement generally includes agreements on the separation of property, child support and custody and access. Divorce can only be applied for when, the spouses have been separated and apart for at least one year, if there has been proven adultery, or when spousal cruelty is involved.

Family Lawyers in Canada help people to negotiate the convoluted process of marriage, separation, and divorce. They are also taxed with the mandate that they attempt to help couples work out their differences before taking steps to file for a divorce. This could entail having the couples involved speak with a marriage counselor or simply verifying that the grounds they are seeking the divorce for are valid. For instance in the case of spousal cruelty, if there is documentation of the cruelty then the Family Lawyer would be remiss in suggesting that one of the spouses place themselves in danger by continuing the marriage.