Family lawyers are invaluable allies when it comes to navigating the sometimes complex legal processes involved with divorce. They will assist in understanding which assets belong to whom, how they should be divided among you and whether there are any safety concerns for your children.
Child Custody
Custody of children can be an emotionally charged subject in any divorce proceedings. Courts take many factors into consideration when making custody decisions; the primary consideration being what's in the best interests of the child.
Legal custody may be awarded solely or jointly to either parent. Legal custody entails having authority and responsibility over major decisions regarding their child's life, such as living arrangements, religion, medical needs, school options and extracurricular activities. Typically the parent with sole legal custody resides with them while visitation rights (supervised or unsupervised) can be given to both.
Family courts typically favor that children maintain relationships with both of their parents, unless one is abusive, in jail, or has died. A non-biological parent can seek custody if the court determines they have demonstrated an intent to treat the child as part of their family and are committed to treating the child as such. Custody and access arrangements may change if there has been a significant change since previous orders were issued by a judge.
Property Division
Property division is an integral component of divorce proceedings, as it determines how assets will be divided among spouses in a settlement agreement or what the judge decides in cases when couples cannot come to an agreement themselves. State rules on property division can differ greatly; an experienced Werribee divorce lawyer can help you understand how this will impact your case.
Marital property refers to any money or assets earned or acquired during your marriage - other than gifts from others or inheritance - while separate property refers to anything owned prior to marriage, including assets placed into trusts by their parents or given as inheritance by other relatives.
Most states follow an equitable distribution rule when dividing marital assets, which means the judge will distribute assets according to what is fair in your particular circumstances, not necessarily giving each spouse equal amounts.
Spousal Support
Spousal support (formerly alimony) is financial assistance awarded by a court following divorce or separation to help reduce economic disparity between spouses and to ensure each recipient can maintain an acceptable standard of living. A judge considers various factors before awarding or withholding such support payments.
These factors include each spouse's net worth, monthly income, length of the marriage and needs of each party involved in the relationship. A judge may award temporary rehabilitative alimony that provides funds to develop self-sufficiency skills; or even permanent or one lump sum support may be awarded by the court.
Early dialogue with a family law attorney about spousal support can have significant ramifications on finances and future planning.
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