This content written for Willhoite Law, PLLC.
Although Willhoite Law, PLLC does not handle family law, it is the area of law that indicates family relationships. It includes building family relationships and breaking them through divorce and termination of parental rights. Family lawyers in Claremore law firm are involved in every personal aspect of their client’s lives so that they can help them in the right manner.
There are some issues that are involved in family law such as marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence. Family lawyers are committed in very personal aspects of their client’s lives.
When you are dealing with legal problems that affect your family, taking the advice of a family lawyer in any Claremore law firm can make a huge difference.
Whether you need a prenuptial agreement involved in divorce proceedings or require child custody, a family lawyer is the one who will best guide you through the process.
Divorce is the process of ending the marriage. You know that marriage is a contract so when people get married and they form a legal relationship in the eyes of the state. When they don’t want to live together in the relationship, they must file court papers in order to ask for a divorce. The rules for divorce vary depending on the state where the case is filed. While all states allow for no-fault divorce, some states require a period of separation.
Each state has its own guidelines for how to divide assets and debts in a divorce, but the rules are similar in all states. In most of the cases, the court looks to make a fair division of the assets. This doesn’t necessarily mean dividing things equally. The court can look at things like the individuals’ contributions to the marriage, the duration of the marriage and the needs of each person after the divorce. Misbehaviour towards your partners such as infidelity or domestic abuse can also play into the court’s decision.
Divorce is civil litigation:
Divorce cases are heard in state court. All the divorce cases hearing processes have proceeded in the state court. It is a similar process like other forms of civil litigation. You may work to gather evidence using civil discovery including statements, interrogatories, and warrants. You might participate in dispute resolution including mediation sessions. While most of the divorce cases resolve before trial, there is a chance that you might try your case in court.
Alimony or Spousal Support:
Alimony is also known as spousal support. It is the regular financial payment to a spouse during separation, divorce proceedings, or after a divorce order is issued. Every state has its own rules regarding alimony that when alimony may be granted, as well as the amount and duration. Generally, the objective of alimony is to provide financial support to the beneficiary spouse until he or she becomes self-supporting or financially independent. It is depending on the state, courts can grant permanent alimony in situations where the recipient spouse has no means of gaining financial independence.
Pre and post-nuptial agreements:
A prenuptial agreement is a contract that individuals sign before they get married. Prenuptial agreements usually list who gets what in the event that the individuals get divorced. There are some things that can’t be involved in a prenuptial agreement like child custody and child support agreements. Otherwise, the individuals can create an agreement that describes things like separate property, distribution of the assets and spousal support in the event of a divorce. When the individuals enter into this kind of agreement after they get married, it’s a post-nuptial agreement.
Child custody is generally, a legal phrase about guardianship which is used to describe the legal and practical relationship between parents and a child. Child custody means having the legal right to make important decisions about your child’s education, religion, and health care issues. Most of the states determine child custody and parenting time based on the best interests of the child.
The court also views things like which parent has a greater bond with the child, whether each parent has a stable home and whether either parent has a significant criminal record or substance abuse issues.
If parents agree on custody, the court normally follows the agreement. If the parents cannot agree, family lawyers of any Claremore law firm presents the evidence to the court about the child’s best interests that with whom the child wants to live. This might involve presenting school records, the testimony of a psychologist or substance abuse counsellor, criminal records and even medical records. Family lawyers of Claremore law firm work to collect evidence of these things in a Child Custody case.
Legal and physical custody:
Most of the states divide custody into legal custody and physical custody:-
Legal custody is who makes an important and major decision about the child’s life. Such decisions may include a choice of a child’s school, physician, medical treatments, orthodontic treatment, counselling, psychotherapy, and religion.
Physical custody is who actually has the child physically in his/ her home or live with them. If a parent has physical custody of a child that means the parent’s house will usually be the child’s legal residence.
Claremore law firm lawyers need to understand how the courts determine custody in their jurisdiction. There are slight differences between states laws, so family lawyers must learn the law that’s specific to where they practice. Family lawyers help their clients to understand the law and form genuine expectations so that they can make wise decisions as their case moves forward.
Child support is the financial support that is given by a parent who does not have full custody of his or her child. The noncustodial parent can enter into a child support agreement willingly, by court order or by an administrative agency. It is very important to remember, especially in unfriendly divorce or separation cases, that child support is exactly what the term implies, it is for the support and care of the child. It is not for the custodial parent, first, it is for the upbringing of the child in the middle of divorced or separated parents.
The purpose of child support is to provide children whose parents live in separate homes the same financial resources that they might have if both parents lived under one roof. The courts consider that the parent who cares for the child provides support directly for the child.