A divorce is an incredibly complex process that requires expert legal representation. However, you can avoid a costly and disappointing situation with an attorney.
Regardless of your case’s unique aspects, it would be best if you considered several essential qualities when looking for the best lawyer to represent you.
Child Custody
Custody refers to the legal and physical control of a child. It may be shared between two parents or solely in possession of one parent.
Family law courts around the country prefer custody arrangements that allow both parents to be involved in the upbringing of their children. However, suppose there are concerns about domestic violence or abuse, substance abuse, or other behaviors that may put a child in danger. In that case, the court may consider awarding sole physical custody to one parent.
The standard used to decide which parent gets physical custody is called the child’s best interests. Many states have adopted this standard to make more objective and consistent custody decisions.
Child Support
Child support is a significant component of a divorce. It may be used to pay for a child’s housing costs, food, clothing, medical expenses, and entertainment.
How much child support is paid varies from state to state. Typically, the amount is determined by a computer program that considers each parent’s gross income and timeshare.
Exceptions to the standard guidelines can occur, such as when one parent has special needs, a large amount of assets, or is underemployed. Again, a child support modification attorney can assist in negotiating a fair arrangement.
Alimony
Alimony is financial support paid to one spouse during or after a divorce. It’s a standard way for a lower-earning former spouse to become self-sufficient and maintain a reasonable standard of living after a marriage ends.
A reasonable divorce attorney will have a strong grasp of the laws governing spousal support and an understanding of how certain situations may affect the laws. For instance, if a spouse has hidden assets during the marriage, that could affect whether they need to pay alimony.
Property Division
Almost every divorce involves property division or equitable distribution. Typically, the judge allocates each spouse’s share of the couple’s marital estate (commonly known as the “community” or “marital” property) minus their debts.
The judge also must consider the value increase of assets, including retirement accounts. But, again, it can be a very complex issue, and it’s often best to retain experts to help you determine the total value of your community assets and separate assets.
If you need help with how to go about this process, consider talking to an experienced divorce attorney who can protect your interests throughout the entire process. A knowledgeable lawyer will ensure you receive what you deserve in your property division settlement.
Prenuptial Agreements
A prenuptial agreement outlines how assets, debts, and other financial matters will be handled in a divorce. It is typically a contract that is entered into by both parties after full financial disclosure has been made.
A divorce attorney can help couples explore whether a prenuptial agreement would be a good idea for them and draft one that is fair and enforceable. It can be essential for those with substantial assets and a history of high-stress marriages.
A good prenuptial agreement will be crafted to meet the needs of each spouse and will be designed to avoid any issues with state law. It is also essential that each party retains separate and independent legal representation throughout the process.
Postnuptial Agreements
Often, couples find themselves in situations where prenuptial agreements must be revised or updated. However, postnuptial agreements can provide couples with a more detailed blueprint of their future financial situation and help them ensure they’re taken care of in the event of a divorce.
An official document known as a postnuptial agreement defines how property and assets would be distributed in a divorce. It can also cover other issues like spousal support and child custody.
The key to a valid and enforceable postnuptial agreement is full disclosure of each party’s financial information to the other. A court may overturn the postnuptial agreement if one party’s information needs to be more accurate and complete.
Adoption
Adoption is the social, emotional, and legal process by which a child becomes permanently and legally part of a new family. It is a lifelong commitment that can be challenging.
For adoptive parents, the experience can be a rewarding and fulfilling one, and it can be a blessing for the child as well.
A prospective adoptive family undergoes a home study before beginning the adoption process. It consists of interviews, meetings, and training sessions with the agency.
