FAMILY LAW ATTORNEYS
The mandatory formula considers the income of the parent who will be paying along with the support provided by the other parent. Some of the expenses considered include how many minor children are involved in the case, the income of each parent, any alimony being paid along with the payment of support for any other children.
CHILD CUSTODY & VISITATION
Other types of custody which exist here include primary physical custody and other forms of visitation as determined for individual cases. Law will explain your custody arrangements to you and how they could impact your family.
Parenting time schedules are set up by the court and are designed to find a balance for your child to have a relationship with both parents. The court will typically go along with an arrangement parents reach outside of court. However, if an agreement cannot be reached a judge will determine how parenting time is allocated.
you are allowed to keep assets you acquired prior to your marriage even if your spouse is trying to claim rights to it. Additionally, property inherited by one spouse, even during the course of the marriage, is considered personal property. In contrast, the property acquired during a marriage is equitably divided under state law.
INVESTMENT/RETIREMENT FUNDS DIVISION
attorneys are also ready to help in the division of your monetary investments. The types of investments and retirement funds considered by the court include, but are not limited to the following items:
Retirement accounts including 403(b)s 401(k)s
Stocks, bonds and investment accounts
IRAs including traditional accounts and Roth IRAs
Things People Do Wrong In Child Custody Matters
Child custody can be one of the emotionally hardest things that a person can go through. Fighting over child custody or access to a child sometimes has the ability to change what would normally be genuinely caring parents into to strangers who will do anything to win the battle. In essence, I like to call it ‘seeing good people at their worst’. The problem is that children are not pieces of furniture to be won. Moreover approaching a child custody matter without your focus being solely on the best interests of the child can have disastrous consequences for the outcome of your matter.
Bad Mouthing the Other Parent to the Child
This is one trait that I see regularly, especially when people are deeply entrenched in legal custody proceedings for a long period of time. It can be as simple as a slip of the tongue to a friend in the presence of the child about how the other parent is a bad parent right through to comments made directly to the children telling how the other parent doesn’t love the child and ‘abandoned’ the child or similar statements.
Doing or Saying things to make the Child feel sorry for you
This issue has similar consequences to those discussed in number 1 above. This issue is referred to by the family court as attempting to align a child’s views to those of a parent or parental alienation. When I have seen this behaviour arise it comes about for one of 2 reasons: 1. A parent doesn’t even realise that they are doing it or the consequences for the child, or 2. The parent wants the child to specifically know how bad the other parent as a justification for the parent’s behaviour.
Not trying to speak to the other parent
So you have separated from the other parent, and frankly he or she is the last person you ever want to speak to again. Maybe they cheated on you, maybe they spent the last of your life savings without your knowledge, maybe they work too much. The reasons people separate are as wide and varied as the stars in universe. Any it is possible that you have a million reasons to justify why you won’t talk to him or her. Fair enough. But you chose to have children together and that means that regardless of the million reasons to not speak, you have but one reason that means you have to speak to the other parent: Your children. This reason trumps all other reasons to not speak and so it should.
Prevent the Other Parent from having Access to the Child
To not allow the other parent access to a child (whether Court Orders exist or not) is one of the most common and yet worst things any person could do in a Custody dispute. Now in saying this, there will be times when Preventing access to a child is not only in the child’s best interest but is in fact essential to protect children from being physically or emotionally harmed.
A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister, barrister-at-law, bar-at-law, canonist, canon lawyer, civil law notary, counsel, counselor, counsellor, solicitor, legal executive, or public servant preparing, interpreting and applying law, but not as a paralegal or charter executive secretary
Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across different legal jurisdictions
In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the term “lawyer” may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, whilst others fuse the two. A barrister is a lawyer who specializes in higher court appearances. A solicitor is a lawyer who is trained to prepare cases and give advice on legal subjects and can represent people in lower courts. Both barristers and solicitors have gone through law school, completed the requisite practical training. However, in jurisdictions where there is a split-profession, only barristers are admitted as members of their respective bar association.
In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. These countries do not have “lawyers” in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts. It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals
Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts. Also, they are drafting legal papers and preparing for an oral argument.
Why Family Law Clients Feel at Home
strive to guide clients through the process as smoothly as possible. educate our clients, both individuals and family offices, about their options, learn their objectives, and work to resolve the legal issues with our client’s goals in mind.
Adoption is a golden opportunity for all parties. A child is placed with a family who needs him, and parents who are not quite ready for the experience of raising him can give another couple their chance. However, while an adoption can be a joyous event, there are many legal issues that can stop the proceeding in its tracks. Working with an experienced adoption attorney is important in any type of adoption. The laws governing the adoption process are complex. There are specific requirements and limitations on what attorneys and prospective adoptive parents can do. This is especially true in interstate adoptions because there are at least two states involved and the laws may differ and even conflict. If the wrong legal documents are used, or if state or federal statutes are violated, the adoption could be challenged at a later date or a court may refuse to finalize the adoption.
Asset protection is nothing other than the use of legal instruments for the preservation and accumulation of wealth. In essence, asset protection planning revolves around the minimization of risk and careful analysis of all client exposure. When implemented by a qualified, competent attorney, asset protection is a powerful legal tool that can protect clients from future unforeseen risks
attorneys are considered experts in negotiating child support payments in high-income cases. When the parties are unable to resolve child support issues, can explore alternative ways of reaching a settlement such as mediation and arbitration, and collaborative law. attorneys are experienced with collection of past due support, defense of county Child Support Enforcement actions, and other arrearage issues.
Collaborative law is a relatively new way to resolve divorce issues such as asset division, child custody and support, and maintenance out of court. Like mediation, the outcome of the collaborative law process is not binding on either party unless and until a final agreement is signed. The entire process is confidential information exchanged in collaborative law is not public record or admissible in court. This may be appealing to public figures or persons of high net worth.
DIVORCE AND FAMILY LAW ATTORNEYS
WHAT DOES GETTING A DIVORCE REALLY MEAN?
“A Divorce is the legal process required to end a marriage or domestic partnership. It is an actual lawsuit. Unlike other types of legal actions, however, no one needs to have done anything wrong in order to file.
All a spouse has to allege is that the couple cannot get along. Legally, this is called “irreconcilable differences.” There is no requirement that these differences be proven. Any spouse can decide to file a divorce even if the other spouse does not want to get one. The only thing the family court is interested in is helping spouses reach a fair agreement concerning all of the issues in their case. These issues can include child custody, child visitation, child support, spousal support, restraining orders, the division of property, and attorney’s fees. For a thorough explanation of each of these divorce law issues, please review our respective sections on each of these topics.”
The family court encourages parties to resolve their cases by agreement and gives those cases priority on its calendar. Couples who can amicably resolve their cases do not even have to appear in court to get a Divorce. The court will allow them to agree to almost anything as long as the legal formalities are met. These include the preparation and service of preliminary and final disclosure, joinder of all retirement plans to the case, the filing of all required forms, and notarization of required signatures, to name a few. Reaching an agreement is also the best way to reduce attorneys fees and stress on the family. Unfortunately, the emotions in divorce often make it very difficult for spouses to reach agreements. Divorce is a complex area of law and can take an extended period of time to resolve if the parties are either unable or unwilling to reach agreements. In such cases, the court will be the one to make the final decision. When this occurs, the parties will be forced to pay a substantial amount of attorney’s fees and costs to have a trial. In addition, a judge will not necessarily decide the case the way either party wants and may just pick a solution neither party likes or could have anticipated.
have very limited resources and the completion of a marital action can take a very significant amount of time and money. Alternatives to litigation include private judging, mediation, and collaborative law. These non-litigation alternatives can result in a substantial cost and time savings and should always be considered. After the divorce is completed, the parties will be single again and can each remarry should they choose to do so. However, they will still be required to abide by any obligations imposed upon them by the Family Court, e.g., pay support. Failure to comply with orders made by the Court will trigger a plethora of legal enforcement remedies available to the aggrieved party, including, but not limited to, contempt proceedings, wage assignment, and seizures of property.