Can Divorces End in Disaster Without Lawyers?

Pretty much 95% of the time, divorces can end in disaster without the presence of lawyers. While we don’t advertise our services directly as someone who encourages legally proceeding through a divorce, we still encourage our present clients to hire divorce lawyers in the event of an actual divorce in their lives. In my 20 years of being a divorce lawyer, I have to say that every single one of them is disastrous to some extent. You see, divorce is not only a breakage of the marriage, but it’s also a great rift between two former partners who’re now after individual assets.

Divorce can also be sensitive when the other partner happens to be financially bountiful. A business could go under when the owner undergoes a divorce and the wife happens to own part of the company as part of the prenuptial agreement. Without our help, a divorce can go from bad to worse in the blink of an eye. I have had a lot of cases where fathers paid way too much for the alimony and child support because the divorce case was not properly handled. I have seen mothers who lose custody of their child because there was no divorce lawyer present.

About Family Law Property Settlement For Discontinued Marriage

House split in halfIn family law property settlement it is possible and a person is encouraged to settle matters outside of court whenever possible. An agreement can be reached by people in order to decide how assets in the marriage will be divided. Ongoing contribution by one spouse to another may also be included in such an arrangement.

After a couple has divorced, or even before they divorce, their assets may be divided. The couple starts the process from the date of their divorce to divide their assets. If the assets are not divided within a limited time, the courts may chip in an ancillary relief. If a couple is unable to agree on the matter, an application can be made to the courts to issue an order.

With the assistance of a lawyer, couples are able to come to an agreement about how they are going to divide their assets. The agreement can be made binding and enforceable if the couple seeks a consent order. Tax benefits will also be available if a consent order is made.

The steps that are involved in dividing the assets of a divorcing couple are as follows. The assets will first of all need to be identified and valued. In addition, the financial resources and liabilities of the couple will also be identified. This is a simple task but if there are businesses involved, it can become quite complex.

The other step is to assess the contributions that have been made by each party during the relationship. Direct and indirect contributions will be assessed and this includes both financial and non-financial contributions. There are some circumstances that the court may find that the contributions made by the parties were not equal.

If one part entered the relationship having more assets compared to the other, is considered in a court. If the relationship lasted for a short time with no children, courts will focus more on direct financial contributions made by each party. Special skills that one party may bring into the relationship will be considered.

The future needs that all parties will then be considered and what the court will consider is the age and health of each party. Employment status is considered and the courts will also check the eligibility of the parties to get pension. Reasonable living standards will also be considered and the earning capacity of each party is also considered. In family law property settlement for proposed asset division is fair to all parties.

An Assessment Of Factors Governing Child Custody

Child-Custody-Lawyers-West-Palm-Beach-Florida-2-300x300In the event of a divorce, each parent has equal rights to child custody. The judiciary determines the custodian laws and accordingly, in most cases, parents have joint guardianship and equal parental rights.

The court of jurisdiction for divorce proceedings controls decisions pertaining to child’s upbringing including education, health care and religious teachings. During separation and divorce proceedings, the court grants temporary custody of the child to individuals or institutions or to others as the judge deems fit.

In certain cases, exclusive custody is often granted to a single parent. The parent who has been denied the right of taking the child under his/ her custody is allowed supervision rights or supervisory visitation rights under certain circumstances.

In cases of joint guardianship, both parents have the capability of exerting equal rights in context of decisions pertaining to the child’s upbringing and maintenance. Generally, the legal fraternity and the courts grant joint custody to those parents who are financially solvent and capable of performing their parental duties independently and as individuals as laid out by the law.

There are certain cases where the court also retains jurisdiction and weild the right to permit child custody to a third party. In such situations, the child’s close relatives usually grand-parents or blood relations are given the permission to take care of the child.

In course of marriage if the parents have more than one child or multiple children, the court has the authority to award both parents custody of the siblings in equal numbers or as per the financial stability of either parent.

However, for emotional support, the legal fraternity takes into account the welfare of the child and considers the child’s best interest. Usually it has been noticed that in most cases the courts prefer to keep the siblings together in order to protect them from further emotional suffering.

Before implementing guardianship of the child to any one of the divorced/ separated parent, the court’s decision on child custody is based on evaluating the best home environ that would determine which parent is in a better position to take the best care of the child.

This procedure is based on the wishes of individual parent, the child’s preference of any parent that depends on the kid’s relationship with the parent, siblings’ wishes and other factors like the neighbors or close relatives version.

These indices play a significant role in assessing the child’s best interest. Along with these factors, the court, when determining child custody, also considers the child’s comfort in the home, the ambience of school, community, environment and the mental set-up of the parents bringing up the child.