Finding an attorney starts by getting referrals from friends and family, then interviewing potential candidates to assess whether your styles mesh.
As soon as you have made this decision, the next step should be identifying whether you need an attorney who specializes in settlement negotiations or one who can represent your interests at trial – the latter requires in-depth knowledge of divorce laws.
Child Custody
Child custody and visitation often present the greatest source of conflict for couples going through a divorce, so when both parties can work towards agreeing on a schedule that prioritizes the best interests of their children, chances increase they’ll settle their dispute out-of-court. However, if neither party can come to an agreement about custody arrangements, a judge will make their determination at a full custody trial. In such an instance, the Judge will consider several factors when making his or her determinations; such as health of both parties and their children; stability of each parent’s home environment; level of hostility between them; allegations of abuse by either party; drug or alcohol dependency issues for either of them and whether one can provide sufficient physical safeguards and supervision of children.
Custody issues typically fall into two categories: legal and physical. Legal custody encompasses making decisions regarding a child’s residence, education, medical care and religious upbringing – these decisions being divided among both parents equally when joint legal custody is awarded versus when sole legal custody is awarded only one parent will have that ability to make such important choices for them.
Physical custody refers to the day-to-day care and supervision of a child, whether joint or sole. When awarded joint physical custody by a judge, children will split time evenly with both parents; when awarded sole physical custody to one party, children will live more than 50% of the time with that party with visitation rights to both.
Judges in many states are encouraged to use a “best interests of the child” standard when awarding custody and visitation rights to parents. Furthermore, courts encourage both sides to work collaboratively toward creating an arrangement for sharing custody and visitation that meets this criteria. When negotiations fail to achieve an agreement among themselves, the Court may conduct a pre-trial conference with all involved and order home study/psychological evaluation reports of those involved in order to facilitate an orderly trial proceeding.
Child Support
Divorce or legal separation involves more than the division of assets; parents also must decide how they will support their shared children financially – known as child support. A court may order one parent to make regular payments to another for expenses associated with raising children, however these amounts and requirements vary by state and a knowledgeable family law attorney can help explain them fully.
Although establishing an amicable financial agreement is ideal, that may not always be feasible. If neither you nor your former spouse can reach an agreement regarding child support payments, the court will use a formula which takes both parties’ gross incomes into consideration and calculate a basic child support obligation that usually covers food, clothing and shelter costs; mandatory add-on expenses could include unreimbursed medical costs or childcare costs while working parent is away.
Once a judge sets child support payments, they are usually final. However, with help from a divorce lawyer you may be able to modify an existing order if certain circumstances change – for instance if either parent experiences significant income fluctuations, or their recipient parent has seen their income significantly increase over time – petitions to modify child support could potentially be filed in response.
Myth: Remarrying means automatically discharging current child support obligations
Divorce attorneys are skilled negotiators who can assist you in reaching a compromise with your spouse or arguing your case before a judge. Furthermore, they know all the options for dividing property and handling any issues that might arise during a divorce case. Depending on your circumstance, you may qualify for free or reduced-cost legal aid services available at state and local levels.
Division of Property
At a divorce hearing, property and debts must be divided. Under New York law, marital assets such as real estate, cars, furniture and credit card debt should be split equally between both parties; however it’s possible for an ex to hide assets or drain bank accounts if desired – in such instances a Saratoga New York divorce attorney can assist with locating these hidden assets as well as helping ensure your share of settlement matches your entitlements.
Divorce attorneys can also assist in helping you resolve issues in your case by representing you at divorce mediation. Sometimes this is the only way you’re able to reach an agreement on all issues with your spouse; even if most details can be agreed upon between both of you, hiring an attorney to review any final agreements prior to being signed off by a judge is crucial for both of you.
If you and your spouse cannot come to an agreement on any aspect of your case, you will likely require legal representation at trial. A divorce trial attorney will prepare legal pleadings, appear at hearings or trials as necessary and explain court procedures; their services tend to cost more than other types of lawyers.
Certain divorce attorneys offer limited scope representation, in which they only represent you on certain aspects of your case. They typically handle tasks like establishing child custody and preparing a Qualified Domestic Relations Order (QDRO), as well as dividing assets. They may also assist with domestic violence issues or annulment issues and other family law related concerns.
Some divorce lawyers offer more than just traditional litigation services; they also act as consulting attorneys or engage in collaborative divorce practice. This type of representation enables them to collaborate with multiple attorneys without being considered your official representative, thus helping reduce fees by sharing research resources among firm attorneys and providing more tailored approaches that meet all of your needs.
Spousal Support
Spousal support (alimony) is financial assistance provided by courts to ex-spouses after divorce in order to help them reestablish their finances after separation or divorce. Its aim is to limit any adverse economic repercussions from separation or divorce and can take the form of either lump sum payments, temporary support, or permanent payments depending on individual circumstances such as length of marriage, income potential of both partners, child custody arrangement fees or property division. When awarding this aid, courts take several factors into consideration when making their determination – such as length of marriage length, income potential of both spouses as well as expenses related to property division or custody agreements being split among several others factors when making their determination of its amount and length or duration decision such as length of marriage duration as key determinants when awarding support;
Alimony used to be associated with gender stereotypes of men supporting women; but today’s laws prioritize helping both parties become financially independent as soon as possible after divorce. This is especially helpful for those who gave up careers to stay at home and raise children during their marriage; also helpful are laws which permit same-sex spouses and domestic partners seeking support as soon as they divorced their partner(s).
An experienced divorce lawyer can assess whether spousal support is suitable in your situation and, if so, determine its amount and duration. They can also assist in negotiating or litigating an appropriate spousal support settlement agreement.
When choosing a divorce attorney, interview several candidates until you find one who understands your individual circumstances and can provide the legal expertise you require. Make sure they support alternative divorce solutions like mediation; discuss his or her plans for handling your case; if a zealous advocate for litigation comes across then continue your search.
In some states, you may qualify for public defender or court-appointed lawyer assistance when filing for divorce. It’s always wise to hire an experienced attorney instead, however; family law can be complex, with one mistake having serious long-term ramifications for you and your children. A good divorce attorney will guide you through the process by explaining rights and responsibilities, using their expertise to advocate on your behalf, and ultimately reaching the most advantageous solution in each individual situation.
