Family Law
Finding yourself in the middle of a family law dispute can be a confusing and emotional time, especially if you have not experienced something like this before. If you are new to the world of family law and family law attorneys read on to learn how the legal system works and how it applies to you. If a litigation lawyer becomes involved you can be up for a long and difficult process.
Separation and Divorce.
Separating from your spouse is a painful and difficult process. If you are able to reach an amicable agreement with your partner about the division of any property you may be able to file for a divorce without having a family law attorney become involved. If you have any property, other assets or children it is definitely wise to get a professional to help you. If you are able to come to an agreement without hostility entering the picture the collaborative divorce process may be an option for you.
A litigation lawyer will not be involved, this will diminish your legal costs substantially as well as your stress levels. You may choose to use a family law attorney to act as a mediator, however be aware that they will not be able to provide legal advice to either of you. You will need to file for divorce within your home state, so even if you got married on a whim in Las Vegas, if you lived in California, you will need to issue proceedings there. If you are simply seeking an annulment the proceedings may vary somewhat. Even if you intend to move after your divorce, or have moved as a result of separation, the proceeding must be filed within your home state.
Your spouse will have a right to part of the value property you own, whether you bought it together or separately. Even if you bought the property on your own and have made all payments on it, they will still be entitled to part of its value. If you had a prenuptial agreement this may protect you to an extent. If you are not married the property will go to whoever the title is in the name off. The same occurs to any debts incurred during the time of the marriage, unless they can be accounted to undue conduct, such as an affair.
If your spouse no longer works you may need to make alimony payments. This can be either in a lump sum or progressive payments. If your partner remarries you will no longer need to make these payments. If you cannot make an agreement family law will come into play and a litigation lawyer involved.
Custody Disputes.
You may not want your spouse to have access to your children, but this is very difficult to achieve, unless it can be proven that this would be detrimental to the children. It is seen that a child has the right for both of their parents to play a part in their lives. If you intend to move any children out of the state you must first get permission from the court. The other parent does not necessarily need to consent to his, but it must be proven that the move would be in the best interests of the children.
Paternity disputes are equally complex. Many parents, both mothers and father, fight over the paternity of their unborn child. The solution is usually a DNA test. If the paternity is proven in this instance then a father has a right to be a part of his child’s life and also has an obligation to support this child in the form of child support payments. Both parties will be forced to adhere to this, no matter their personal wishes.