Family law can be a particularly emotional and stressful subclass of law. Problems arising with families include separation, divorce, child support, custody agreements, division of property, assets and liabilities, guardianship agreements, and preparation of wills. It is the job of family law attorneys to understand the necessity for family disputes to be resolved in such a way that innocent family members and clients remain protected.
It is unfortunate that many marriages end in separation or divorce. When a couple files for divorce, one of the spouses is responsible for petitioning the court so that the court can end the marriage legally, divide the marital assets, and decide custody of the children. Custody agreements often include child and/or spousal support, if applicable. Many areas should be considered when it concerns a family or divorce proceeding and are listed below.
Many couples prefer to establish the division of property before their marriage takes place, using a prenuptial agreement. These type of agreements are just one of the specialized services that Breedlove Law Firm, who can be contacted at (770) 458-0012, provides. Couples will use this contract if they wish to keep their assets separate, provide for their children from a prior marriage, or if one has more assets or income than the other. This also reduces the tension created if a marriage ends by determining before the marriage, the financial rights of each party.
Child Support and Child Custody
Courts prefer joint custody, which gives both parents legal and physical rights to their children, over any other type of custody agreement. Legal custody is defined as the right of each parent to make life decisions involving the children, for example, education, religion, and health. Physical custody is defined as the right of each parent to have the children live in the home of each parent. If the court decides that joint custody is not in the best interest of the children, then primary custody is awarded to one parent over the other, giving that parent the right to physical custody. The other parent is then awarded a non-custodial status and given visitation rights at regular intervals, as well as being ordered to pay child support to the primary custodial parent.
Divorce is a stressful time for the spouses , the children involved, and all those who are close to the family. Divorce does not have to be messy, nor do they have to cause bitterness and pain. Mediation gives the spouses the opportunity to negotiate the terms of the divorce in good faith using a neutral party, the mediator, who can balance the needs of each spouse and help them divide assets, determine custody, and settle the terms of child support. The mediator works with the family law attorney of each spouse to make sure that both parties end up satisfied and in agreement with the less amount of stress possible.
Wills and Successions
Although creating a will does not fall under the auspices of divorce or separation and dividing assets, however, it too can cause stress, especially if a will wasn’t left, or is contested. Family lawyers will work to resolve any problems that could potentially arise by helping a family create a document, dividing assets and business interest in their attempts to take care of loved ones after they are gone.
Family law attorneys handle divorce and the division of property and custody agreements. They can also mediate the process, as well as negotiate the distribution of assets after death. States have the right to determine the final disposition of these areas that can cause family division, and govern the rules and procedures for all spheres of family matters. Finding a lawyer who specializes in these areas is of utmost importance to ensure that this traumatic process has the best possible outcome.