How a Divorce Lawyer Can Help You Resolve Important Family Law Issues

Courts typically favor joint physical custody arrangements that allow children to spend significant time with each parent.

Family Law matters can often present complex issues for our clients to tackle, such as Werribee divorce lawyer, custody arrangements, child support and property division. Additionally, we can help with domestic violence and child abuse investigations.

Your circumstances will dictate whether it's possible for you to reach an agreement with your partner regarding parenting and property issues, however if this isn't feasible we can assist in setting up a legal hearing at court.
Child Custody

Child custody can be one of the most contentious issues couples must resolve when divorcing, as it determines where and who makes decisions for children. Ideally, biological parents would work together on these decisions; however, this is often not possible and custody battles often turn bitter and emotionally draining for both former spouses and children involved.

Custody arrangements can either be joint, giving both parents equal decision-making authority, or sole, with only one parent having all decision-making rights. Physical custody - that is when children will reside at each parent's house at different times - will be outlined in a parenting schedule or plan.

These types of agreements usually work best when both live close together; children will experience less shock when traveling between houses frequently. In certain instances, however, circumstances call for changing existing custody or visitation orders.
Child Support

Child support payments are made from one parent to the other in order to cover care and expenses of their child, according to state guidelines. The exact amount depends on factors like each parent's income as well as how often the children visit with either one as part of a custody arrangement.

Note that even when parents come to an agreement about child custody, visitation, and support on their own, the court still needs to issue orders making these arrangements legal. Furthermore, should there be significant changes in either parent's circumstances it may be necessary to petition for modification by filing petition with the court.

Paying parents may accuse receiving parents of spending the child support payments they're supposed to get on items other than intended such as vacations and personal care products; however, this can be hard to prove because courts only look at facts presented before them.
Property Division

Property division can be an important aspect of divorce cases. New York is an equitable distribution state, meaning assets acquired during marriage should be divided equitably upon divorce proceedings. This applies to income earned, business created during marriage and personal items like houses or cars acquired during that timeframe; any items owned prior to marriage by one partner, inheritances or gifts to either partner are considered separate property and will not be divided.

First steps in property division include identifying all assets and debts at the date of separation. Subsequently, assets are classified as separate or marital property before their value is assessed by a judge. A fair division could mean assigning each spouse an equal share of what's left over after subtracting debts owed by either party - this doesn't have to mean physical separation of estate but could simply mean giving each a percentage share compared with total value of estate minus debts owed by either side.
Prenuptial Agreements

Contrary to popular belief, prenups aren't only for wealthy couples. Prenuptial agreements can help both you and your spouse clear up issues like debt, assets, family inheritances, joint bank accounts and other key matters that affect the marriage relationship. Furthermore, they can foster intimacy and trust by sparking dialogue about expectations before entering marriage.

Prenuptial agreements are contracts signed before marriage that outline how property should be divided in the event of divorce and protect children from previous relationships financially, as well as address spousal support requirements.

Laws vary by state, but most require prenuptial agreements to be written down and signed before a notary public. Since prenups may be challenged in court if they appear unfair or conflict with state-specific equitable distribution of property laws, it would be wise to consult a family law attorney prior to creating one.


Garza Flora

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