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. […]
If you are seeking divorce, you will need to understand divorce procedures in full. Understanding what happens during the divorce process will help you to make the best decisions for your family and yourself. Divorce is a legal proceeding in which one party files a petition with the court that states that they cannot agree to or cannot concur with the other parties marital duties and desires, said a divorce lawyer Lennon. Once the petition is filed in the proper court, the court will conduct an investigation to determine what, if any, problems exist that would prevent a peaceful divorce. In many instances, a divorce can be amicable and both parties can agree to all terms of the divorce. However, there are some cases where there may be no chance for an amicable divorce, especially if the parties involved are of different religions or have different cultural backgrounds. In these instances, a legal annulment may be required. An annulment is when a court officially re-lists a marriage as null and void because the marriage was invalid from the beginning. In most cases, an annulment is granted by the court after the completion of the divorce process. Once a legal annulment is granted, it will effectively terminate the divorce process. For those that are not familiar with the laws of family law, understanding divorce requires an in-depth look at what an annulment is and what the legal ramifications can be. An annulment is when the divorce process has been successfully completed but the marriage is officially declared invalid. An annulment is different than a divorce in that the marriage is officially terminated and there is no chance of re-maritalization. Many times, a couple agrees to get an annulment just prior to filing for divorce. However, some attorneys believe that getting an annulment before filing can help to prevent issues that could arise after the divorce such as custody and visitation rights. Another important concept that you need to understand and appreciate when it comes to understanding divorce is what happens to assets during a divorce. There are two types of legal actions that occur during divorce proceedings, the first action is a divorce judgment and the second action is a temporary relief hearing. A divorce judgment is the formal declaration that a judge has ordered that one of the parties is in default of a divorce agreement. The judge will issue a divorce summons and provide notice of the hearing date to either party. The second legal action that takes place after filing for divorce is a temporary relief hearing. Temporary relief hearings usually last two to four days and are conducted before the court. During this time, the spouse filing for divorce makes requests for matters that have bearing on the dissolution of the marriage such as child support, spousal support, alimony, division of property and other financial obligations. If the court rules in favor of one of the parties, then a temporary separation order is […]
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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.