November 10, 2021

What You Should Know About Family Law Before Filing for Divorce

When you're considering divorce, navigating the world of family law can feel overwhelming. Fortunately, there are plenty of resources to help you out. Let's review a few things you should definitely know about family law before you file for divorce.

It's Important to Work With a Lawyer

Even if you and your partner are looking to have an amicable split, it's important to seriously consider working with an attorney. Not only will an attorney help protect your rights, but they will make navigating the legal aspects of dissolving your marriage much easier. Working with a professional divorce attorney who knows the ins and outs of divorce and family law can be a lifesaver if this is your first brush with divorce. A divorce lawyer will be up to date on laws concerning marriage, divorce, marital property, child custody and visitation, and family support.

Division of Property Can Vary

Ordinarily, you and your partner will be able to decide how to divide up your assets and property. Even though many divorces begin with a level of conflict, most cases reach a settlement without needing to involve a judge. In the event that you and your partner can't come to an agreement of some kind, then the division of assets will be left to a court. While laws vary from state to state, most allow individuals to retain their nonmarital property. This means that any assets you owned before your marriage will likely still be yours if the court needs to make a determination for the division of assets.

Determining Child Custody Can Be Tricky

Child custody is one of the more complex issues that comes up in divorce. If you and your partner can't agree on a joint custody plan, then it will be up to the court to determine who will have primary or sole custody. This decision takes numerous factors into account, all of which will be used to determine what is in the best interest of your child or children. Child support is another matter that the court will determine once custody has been sorted out. In most cases, the parent who spends the least time with your child will pay child support.

Divorce can be an overwhelming experience. Whether you already know a bit about family law or you've never had a brush with it before, make sure you're utilizing divorce lawyer services to help you through this difficult time.

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How Do Courts Handle Parental Relocation Disputes?

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Parental relocation disputes present a challenging intersection of family dynamics, legal considerations, and emotional well-being. When one parent wishes to move to a new location with their child, and the other parent opposes this move, the situation requires careful navigation by the courts. These disputes often arise after a divorce or separation, adding another layer of complexity to an already emotional situation. Family attorneys play a crucial role in guiding parents through these legal challenges and ensuring the child's best interests are upheld. The Importance of Mediation in Relocation Disputes Before a court even gets involved, it is often recommended that parents try to resolve relocation disputes out of court. Mediation and negotiation are invaluable tools that can help parents reach an agreement that is in the best interest of the child. In fact, according to Legal Jobs, 90% of custody agreements are settled without bringing the case in front of a judge. This statistic underscores the importance of alternative dispute resolution methods, which can be less time-consuming and contentious than court proceedings. Consulting experienced family attorneys can help parents navigate these discussions effectively. Court Considerations in Relocation Cases When a relocation dispute does make it to court, the decision is largely based on the best interest of the child. Courts take into consideration a variety of factors, such as the reasons for the move, the potential impact on the child’s relationship with both parents, and how the relocation might affect the child’s education and social life. Each case is unique, and judges are tasked with weighing these factors carefully to make a decision that ensures the child's emotional and physical well-being. Family attorneys can provide essential legal support to parents facing court proceedings. Preserving Parent-Child Relationships Courts also examine the feasibility of maintaining a meaningful relationship between the non-relocating parent and the child. This could involve revisiting existing custody arrangements and considering new visitation schedules that accommodate the distance. Judges are acutely aware of how important both parents are to a child's development and are therefore likely to incorporate methods that preserve these relationships, despite geographical separation. Parental relocation disputes can be complex and emotionally charged. While out-of-court settlements are preferable and commonplace, the courts exist to make decisions that prioritize the child's best interests when necessary. Understanding how these disputes are handled can provide reassurance to parents navigating the potentially turbulent waters of custody and relocation disagreements. If you are facing a parental relocation dispute, contact The Law Office of Arthur J. White III, P.C. for experienced legal guidance and support.