When two people file for divorce, they need to decide who will get the home and how much they will pay for it. Since the house is considered a marital asset, it has to be split equally. The court may award joint custody of the children to one spouse or may assign legal custody to the other spouse. Child support is a legal obligation that each spouse must pay. However, the court must consider many factors before determining the exact amount. Listed below are some common questions about the division of marital assets. o Assets – Before you file for divorce, it is important to list all of your assets. Failing to do so can result in penalties and could even make your case reopened. It is also illegal to conceal assets to avoid property division. Also, you should value the property you plan to divide. The fair market value is a great place to start, but if you own a house, you will need to hire an appraiser to ensure you’re getting the right amount. o Property division – Divorce property division is a difficult task. Although it is possible to divide assets and debts between spouses, a lot of things can get complicated and you may end up in court with a lopsided split. Depending on your state of residence, you may also need to hire an attorney or go to court to determine the right division of your property. It’s best to get a lawyer to help you with this process and help you avoid any costly mistakes. o Fault – Some states consider fault in determining spousal support or property division. Although this is rare, you should be aware that some courts will consider your fault in determining the terms of the divorce. In some cases, you’ll need to file a separate legal action in the other state. A court may also consider fault in determining how to split marital debts and property. The court will consider all of these factors when determining your spouse’s property and debt. o Bank accounts – Even though most couples have a joint bank account, it’s a good idea to create a comprehensive list of all joint accounts. Then, note which accounts you and your partner jointly own. If your partner is willing to share credit card or other account, you can close the joint account together. But if your spouse is reluctant to agree to this, you may be stuck with nothing. So, be prepared with a list of all bank accounts and credit cards. o Separate property – The courts recognize separate and marital property as separate. Separate property is property that each partner brought into the marriage. It is separate if the value of the property does not change significantly during the marriage. However, separate property is not always excluded in a divorce settlement, and may be included in a decision regarding spousal support. The judge may also consider other factors in deciding the division of property. […]
Family law, is a legal area of the law which deals specifically with domestic relationships and family matters. The term family law refers to the civil law relating to issues such as marriage, divorce, legal separation, child custody and adoption. When dealing with these issues, there are two different types of courts which exist. The civil court and the criminal court. The civil court deals specifically with domestic disputes such as divorce, common-law marriage, minor children and divorce. Divorce Process: There are a number of different types of divorce such as an uncontested divorce and limited divorce. When it comes to family law issues involving marriage, there are many different aspects to deal with such as spousal abuse, fraud and abuse, adultery, desertion and child custody. When it comes to filing for divorce the parties will enter into a legally binding agreement. Once this is done the divorce decree is prepared and filed with the court. This final step is what takes the longest time of any legal proceedings. The legal issues that face families on a daily basis are enormous. There are issues regarding child custody, divorce, spousal abuse, spousal support, visitation rights and more. When it comes to divorce proceedings in some areas or for particular parties some areas have specific laws. In other areas of family relationships are taken care of by the local social services department. Either way divorce and legal issues are a day to day occurrence. Same-Sex Divorce: Today same-sex marriage is illegal in many parts of the world. When a couple chooses to get married, it can be extremely difficult if one partner believes that they are being cheated on. If you or your partner is seeking a divorce or legal advice same-sex divorce is not uncommon. Many same-sex couples prefer to remain married rather than try to work out a civil union and then get married again. Legal Separation: If you or your spouse is seeking a legal separation from each other there are several things that must be addressed. These include the division of assets, support and child custody. In some cases couples may choose to remain married under the understanding that eventually they will reunite. However, the couple may face the possibility of a judge denying their request for legal separation. As soon as the legal separation process begins it is important for the couple to ensure that all proceedings are carried out lawfully. Criminal Law: When a family or domestic dispute does not involve child custody or child protection issues but involves any criminal conduct, then family law attorneys consider these types of cases to be criminal cases. Any criminal law case requires a competent criminal law attorney. There are many criminal lawyers who specialize in family law issues and may handle various criminal cases throughout their career. It is extremely important that when you or a loved one goes to court that an experienced attorney is present and representing your best interests.