How Family Law Helps Families End Their Divorce
Family lawyers provide essential services when two people decide to divorce; they help with legal documents for dissolving marriage and child support payments as well as helping couples create prenuptial agreements.
Sometimes families require the services of an arbitrator – neutral individuals who listen to both sides and make a decision – rather than court proceedings. Arbitrators are usually faster and cheaper solutions.
Divorce
Divorce can be an emotional and complex journey. There may be property division, child custody and support arrangements to consider, not to mention property division and child support payments that must be settled. Consulting a family law attorney during these difficult times is highly advised for both parties involved.
A good family lawyer will assist with property disputes to achieve an equitable solution that benefits both parties involved. They may also handle custody matters such as determining which parent should receive primary custody of any children involved. They can negotiate for alimony payments to be paid from one spouse to the other during or post-divorce; such payments could be temporary (while divorce proceedings take place) or long term payments made by one party to another.
Divorce can be confusing for children as well. They may not understand why their parents are splitting apart and may become distressed and abandoned by both sides, affecting both mental health and school performance negatively. Family mediation offers a dignified solution to resolve such disputes. Mediation aims at finding an equitable outcome for all parties involved.
Child custody
Child custody disputes can be emotionally charged and complex matters of family law. Most states make decisions regarding child custody in accordance with what’s best for the children involved – unlike what many believe, courts do not simply grant one parent full custody based on what they want from either party alone; rather they take into consideration factors like their relationship with the children, how well the children get along with each parent, whether or not one parent was abusive in the past and other relevant considerations when making their determinations.
An experienced Manhattan family attorney will guide their clients through various alternative dispute resolution (ADR) processes to settle child custody disputes outside of court proceedings, such as mediation – wherein a neutral trained professional assists parents to better communicate and find areas of agreement between themselves. If this fails, their lawyer will advocate on their client’s behalf in court proceedings.
Family lawyers specialize in cases involving child abuse and neglect. When the state accuses one parent of not providing sufficient care for their child, family lawyers work to defend that parent against accusations of abuse or neglect and assist with complying with any services required by the state in order to regain custody of said child. Furthermore, family lawyers also assist clients with adoption proceedings.
Child support
Child support is one of the cornerstones of family law. This payment from one parent to the other after divorce or separation provides children with equal financial resources as if both had lived under one roof; as well as covering expenses like rent, healthcare costs and child care services. Furthermore, a court may order custodial parents to provide some level of child care themselves.
Experienced family lawyers in New York can assist in navigating the complexities of child support laws and achieving optimal results for your case. Child support payments depend on many factors, including both parties’ incomes and how often each spends time with the child; family lawyers help gather evidence such as school records or psychologist’s testimony in order to make well-informed decisions; they also work closely with social workers in ensuring adequate care is being provided for your child.
Many individuals facing legal issues related to their families prefer mediation over lengthy trials as it’s a less stressful option that allows both sides to air their grievances freely and quickly. Consulting a professional mediator can also help quickly and efficiently resolve your family law matters; you might even qualify for free legal services for low-income families; for those needing an experienced family law attorney near them contact their local bar association and they’ll recommend one of their members as potential candidates for representation.
Prenuptial agreements
Prenuptial agreements are contracts between prospective spouses that specify how they wish to address any possible future disputes in case of separation or divorce. Such an agreement can address everything from how to divide property and wealth and establish support payments timelines to any number of pertinent issues that might arise during marriage.
Prenuptial agreements provide both parties with financial protection in the event their marriage ends, as well as helping facilitate an easier, less contentious divorce process by limiting disputes that might otherwise arise during proceedings. A family law attorney can assist both you and your partner with creating and formalizing the prenup, making sure it will be legally enforceable.
Though planning for the worst may not seem romantic, it is an essential component of healthy relationships. A prenup can help couples avoid costly legal fees should they divorce while creating clear guidelines for communication in the future.
Know what can and cannot be included in a prenup. As state laws differ, judges often reject any provision that attempts to influence child custody, visitation, or support arrangements. Furthermore, it’s crucial that we distinguish between separate and marital property; separate property includes assets owned prior to marriage as well as gifts or inheritance received during marriage, while marital property refers to assets acquired during both partners’ time together as husband and wife.
Restraining orders
If you feel threatened or endangered by someone related to you or with whom you had an intimate relationship, the Family Court offers several legal solutions that could protect you. Restraining orders can last from weeks to years; they prevent an abuser from coming near you, your home, place of work or children; they require weapons be returned; they also prevent stalking harassment and any other forms of threat-inducing behavior from the abuser.
An experienced family law attorney can assist in petitioning your county court for a restraining order. An oral request during divorce proceedings or filing written petition in Supreme Court may suffice, and your lawyer can discuss all available options with you.
New York Family Courts may only grant orders of protection against people considered “family members” according to law, such as spouses, former spouses, parents of your children or any relatives by blood or marriage. Domestic violence includes any physical or emotional abuse as well as threats and other potentially threatening behaviors that threaten them and their family members.
After filing your petition, a judge will make a determination whether or not to grant you a temporary order of protection pending your hearing on the case. If they decide that a permanent order should be granted instead, he or she will schedule a conference date to make sure Respondent was served and to discuss evidence which will be presented at an evidentiary hearing.
Estate planning
Family law encompasses an expansive scope, from domestic violence and juvenile delinquency to divorce, child custody and estate planning. This expansive area touches upon everything from constitutional law to tax law and real estate; many attorneys enjoy working in this field because it can be highly rewarding when helping families in distress.
An experienced family law attorney can help you craft the ideal estate plan to fit your unique circumstances, including wills, health care directives and powers of attorney documents. Furthermore, they can assist with setting up a family trust to protect assets and avoid legal challenges.
At first, you will need to choose who will serve as trustee and beneficiaries for your trust. Although you can do this yourself, estate planning professionals tend to make this easier. Furthermore, you must tally and value all your assets; including homes, other properties and retirement accounts like 401(k). Depending on their value, multiple trusts may need to be created and each beneficiary assigned for each trust; in many instances revocable living trusts (RLT) provide greater simplicity.