Divorce law is a broad legal field that includes issues such as child custody, property division and alimony. When choosing an attorney, look for one with an approach that matches yours. You also want an attorney with whom you feel comfortable.
You can find low-cost divorce lawyers by contacting a legal aid clinic or state bar association. You can also ask for a referral from a friend or colleague.
Family law
Family law attorneys deal with personal matters such as divorce, child custody and alimony. The field is broad and varied, and requires extensive interpersonal, mediation and trial advocacy skills. Attorneys may represent clients from all income levels. They might also be called upon to resolve issues related to domestic violence and restraining orders.
Divorce cases often involve complex property division and tax issues. These issues are determined by state laws, which vary widely. For example, some states allow “no-fault” divorces, while others require a showing of fault (infidelity, domestic abuse or desertion). Some states require both spouses to undergo a mandatory marriage counseling program before they file for divorce.
Many attorneys charge hourly rates, while others offer limited scope representation for a flat fee. This is often more cost-effective than hiring a full-time lawyer. The information that you share with your lawyer is confidential and protected by attorney-client privilege. This includes information disclosed during professional meetings, documents sent to the attorney and telephone conversations between you and your lawyer.
Divorce
The dissolution of a marriage is a difficult and often stressful process. It can lead to legal, financial, parenting, and emotional challenges. If you’re considering divorce, a family law attorney can help you navigate the process. They can help you determine the grounds for divorce, file an original petition and pay court fees, serve the other spouse with papers, and obtain a divorce judgment.
One of the most important issues in divorce is dividing property. Some states use a formula to determine the amount of money each spouse will receive or have to pay. Others leave it up to the judge’s discretion. Your lawyer can explain the law in your state.
When choosing a divorce lawyer, interview several candidates to find the right fit for your needs. Ask about their approach to divorce cases and whether they are familiar with your state’s laws. Also, consider how comfortable you feel working with the attorney. This can make a huge difference in the outcome of your case.
Child custody
Child custody is one of the most difficult issues a divorcing couple will have to face. Custody arrangements determine where children will live, who will make important decisions for them, and how parents will share time with them. Parents often have different ideas about what would be best for their children, but these opinions may not matter in court.
Judges typically prioritize the safety and well-being of a child when making custody decisions. If a parent has a history of domestic violence, criminal behavior, or substance abuse, they might not be allowed to have custody. Likewise, if a parent has turned their children against the other parent by emotionally manipulating them, they are not likely to get custody.
Decisions about custody and visitation are usually outlined in a parenting plan. A parenting plan outlines each parent’s rights and responsibilities. It can include details about who will transport the children between homes, school vacations, and holiday times.
Alimony
Alimony is financial support one spouse is required to pay another following a divorce. It is intended to prevent a dramatic drop in the quality of life for a lower-earning spouse and allow them time to get back on their feet. It can be awarded for a specific period of time, or permanently, depending on the circumstances. It can also be retroactive and paid before the divorce, or be awarded in lieu of property ownership. Generally, alimony is not tax deductible or reportable.
In the past, alimony was tied to fault in a marriage. However, courts now focus on the economic realities of each spouse and their ability to earn income in the future. They may also consider the cost of living increases in each spouse’s respective communities. They may also award rehabilitative alimony, which is designed to help a former spouse get the skills and education they need to become self-supporting. In some cases, they may even choose to award lump-sum alimony.Scheidungsanwalt Hattingen
