Understanding the Basics of Divorce Law
Retaining a divorce lawyer is one of the best things you can do if you are facing family law issues. You may be a party to a divorce action or you may be seeking to regain custody of your children. If you are having legal issues regarding divorce, child custody, or alimony it is advisable to retain a divorce lawyer.
If you retain a divorce lawyer you are more likely to have a favorable outcome in your case. Attempting to enforce your legal rights without the assistance of counsel can anger judges and make it more difficult for you to negotiate with opposing counsel. If you are facing a divorce you should speak with a divorce lawyer to ensure that you can deal with the many issues that arise during divorce cases. Our friends at AttorneyBernie.Com break down the most common issues that arise during family cases are discussed below.
Best Interests of the Child Standard
If you are involved in a child custody dispute you will need to understand the best interests of the child standard. A judge who makes determinations regarding a child’s housing, schooling, and community must use the best interests of the child standard. The judge must do what will best serve the child’s social, economic, and psychological interests.
If a child has several family members, friends, and a surrounding support network in one community then a judge will be less likely to remove the child from this community. A parent seeking custody may be awarded joint custody so the child will not have to completely sever its relationship with a large support network.
Judges are not supposed to make decisions that will harm a child or restrict the child from developing into a mature and stable adult. A divorce lawyer can help you determine how a judge may rule on specific actions depending on where a child resides, whether or not the child lives near friends or family members, and whether the child is subject to abuse or neglect by one of the parties.
Divorce or Annulment
A divorce lawyer can help you determine if you need to file for a divorce or seek to annul a marriage. Annulment is the dissolution of a marriage that was never valid. For example, a spouse may have been forced to marry under duress, or a party may not have had the mental capacity to enter a legally valid marriage. If you retain a divorce lawyer you can save time and money depending on the facts and circumstances of your case.
Child Custody and Alimony
Divorce cases typically deal with two main areas of family law: child custody and alimony. If a partner has been the primary breadwinner in the family, a court may declare that the spouse who has been out of the workforce for years should receive financial support for a period of time after the divorce.
The amount of money a party may be required to provide or receive will depend on the assets and liabilities of the parties. Retaining a skilled divorce lawyer can help you avoid excessive alimony payments. Also, child custody disputes are resolved quicker when both parties are represented by legal counsel. A divorce lawyer can help you determine how best to proceed in resolving your family law matters.