How Family Law Helps Clients Through Divorce
Divorce can be both emotionally draining and legally complex, so family law attorneys offer invaluable assistance when helping their clients navigate through the court system and file legal paperwork correctly.
Family lawyers provide clients with legal assistance in filing restraining orders against abusive spouses or third-party perpetrators like stalkers. Furthermore, they offer assistance for estate planning.
Legal Custody
Over the last two decades, courts have increasingly favored shared custody arrangements where children spend time with both parents, due to research showing this provides the best opportunity for children after divorce to flourish. When making this determination, judges will look at both parents’ abilities to provide a stable and nurturing environment; factors like affording private school tuition might influence this determination, while domestic violence cases could cast doubt over a parent’s ability to ensure safety and security for their child(ren).
Parents typically work out their own custody agreements based on what is best for their child(ren). This may take place through mediation or with assistance from their attorneys, and once an arrangement has been agreed upon by both parties, if it can be approved by a judge they usually do so without issue; exceptions include instances in which one parent cannot care for them adequately or there are threats to safety for either party involved.
As part of their awarding a custodial arrangement, judges also create a visitation schedule. Both parents can spend significant time with their child(ren); however, those without primary custody must cover travel costs when visiting. In certain circumstances, visitation may even be limited or denied altogether by a court for those who have histories of abuse, drug use or criminal behavior – if this applies to you it’s wise to consult a Manhattan custody lawyer right away! If you are experiencing issues pertaining to custody arrangements then consult with an attorney as soon as possible as soon as possible – an experienced Manhattan custody lawyer can assist.
Child Support
Child support payments are intended to assist both parents in meeting the financial needs of their children after divorce or separation, but can often become complex when determining an amount owed or received. State requirements vary and may also take into account factors like income, custody arrangements and whether both parents are currently in same-sex relationships.
Family law attorneys can help you understand the specific requirements in your area and assist with getting a child support order. Furthermore, lawyers are available to help resolve issues related to changing or enforcing an existing order.
Courts typically employ a child support formula to establish how much should be ordered. This formula takes into account factors like combined annual income from both parents, custody time split between them and expenses such as unreimbursed medical costs or educational or extracurricular activities that must also be factored in. A lawyer can be invaluable in reviewing and preparing all of the necessary financial documents before submission to the court.
Sometimes both parties must attend one or more hearings with a “Support Magistrate.” At these hearings, he or she will listen to testimony from both parents regarding their income and expenses, before making a determination as to the basic guideline amount of child support owed by each. They may also stipulate in their order whether health insurance should also be included within that amount.
If either party experiences a significant change in circumstances, they may file a petition with the family court seeking modification. Often this will lead to a reduction of child support payments; but in other instances it could even lead to suspension or cancellation altogether.
Alimony
Divorce proceedings can often be an emotionally trying experience. Issues related to property settlement, child custody and alimony must all be settled before finalizing a divorce decree. Alimony payments based on need can sometimes prove particularly contentious during divorce proceedings.
Alimony’s purpose is to reduce any economic disparity that might result from divorce, usually by paying from one partner’s income to the other until the latter can become self-supporting. A judge is given considerable leeway when awarding alimony; oftentimes they may tailor it according to what was typical for both of their former lives so that receiving spouse can maintain their quality of living.
Temporary alimony may be granted to assist lower earning spouses while they pursue education and training necessary to enter the workforce, while rehabilitative alimony serves to assist paying spouses until they become financially independent – this usually does not last more than 2 years. Permanent alimony should only be awarded in cases of extreme financial difficulty where recovery would not be achievable without assistance of some sort.
As well as awarding traditional forms of alimony, courts may also grant lump sum alimony payments when one spouse does not wish to take any assets from their marital estate.
If your ex is refusing to adhere to an agreed upon court-ordered alimony agreement, a contempt of court order could force them before a judge and explain why they haven’t fulfilled their alimony obligation. A family law attorney can help enforce and pursue other legal remedies.
Restraining Orders
Restraining orders are an effective tool to protect people. They prohibit an individual from contacting another, can require them to stay away from a person’s home, school or even force them out, may include provisions for child custody and visitation rights and may even force someone out if they violate it. Violators of such an order can be arrested and prosecuted for domestic violence if they break them; typically the process for obtaining one varies by state with petitions being filed with Family Court alleging abuse, harassment or stalking allegations being included as accusations – usually there will be accusations made of abuse, harassment or stalking being included as allegations in such an order being obtained.
Within 10 days of filing the petition, a hearing will be scheduled with the court and a temporary order of protection may be granted by a judge at either the time of hearing or shortly afterwards. Once granted, final orders typically last two years (unless there are aggravating circumstances such as use of weapons or serious physical injuries).
Criminal cases must meet a higher standard of proof known as “reasonable doubt,” while order of protection cases require much less proof, known as fair preponderance of evidence. Therefore, third-party corroboration of your incidents alleging abuse is absolutely critical in making your claim to obtain a restraining order against another. Witness testimony can also provide significant support and help secure such orders against those accused of abusive behaviors.
One of the challenges in domestic violence cases is when defendants face both civil and criminal proceedings simultaneously in Family and Criminal courts, raising legal, tactical and strategic considerations on both sides of a dispute. A restraining order lawyer can assist people in identifying the most suitable course of action moving forward.
Estate Planning
Estate planning entails creating legal documents to guide how a person’s assets will be distributed after death, including trusts and wills. Executors and trustees may be named through this process. One goal of an estate plan should be minimizing taxes or fees assessed against one’s estate through strategies like lifetime gifts, revocable trusts or other tax-saving means.
Estate planning can also help to prevent conflict among family members after someone dies, especially if their wishes and documentation is unclear. By creating a will with clear instructions stating their wishes as well as backup beneficiaries named, estate planners can avoid potential disputes following a loved one’s demise.
Proper estate planning can also protect an individual’s wealth against future claims and creditors, making it a critical consideration regardless of their financial standing. An estate plan helps ensure that heirs receive their inheritance in full while any debts are cleared off as quickly as possible.
An effective estate plan goes beyond simply writing out a will and related documents; it should also include health care directives like living wills and health care proxies to avoid litigation in Guardianship and Surrogate Court regarding someone’s wishes for health care after becoming incapacitated. Furthermore, good estate plans provide instructions regarding final resting place details so as to reduce stress for family and loved ones as well as costs during end-of-life arrangements. It is best advised that individuals consult a New York attorney who specializes in this area of law so as to set goals effectively communicate them and prepare necessary documents in advance.