Family Law + Divorce
Family law, also known as divorce law, is an emotionally charged and mentally draining area of law involving disputes between loved ones regarding money and child custody. Divorce is always hard on you and your family. It’s only natural to want to resolve things as quickly and painlessly as possible.
LexLawLawyers are there to support you effectively and cost efficiently. LexLawLawyers initially consult with you to assess the situation, explain the law, provide insight, discuss options, and work with you to draft a plan of action.
Family law matters are typically adjudicated by a county judge. LexLawLawyers may try to resolve a dispute outside of court for a reduced fee. Money may be saved by seeking mediation or arbitration and then having the court enter an order finalizing a binding agreement. But sometimes the opposing spouse is not cooperative, and litigation is required. That is when you need LexLawLawyers to fight for you.
DIVORCE
Divorce laws in the United States are promulgated by the individual states. So, the divorce laws of your jurisdiction are different than the divorce laws in other states. In general, there are two broad categories of divorce: contested divorce and uncontested divorce.
A divorce is considered “uncontested” when you and your spouse both want to divorce and either (1) have no assets to divide and no children or (2) have already agreed upon how to divide assets, pay debts, provide for spousal support, and handle child custody and support. The pain of divorce and cost of divorce are greatly reduced with uncontested divorces. LexLawLawyers negotiate on your behalf and draft a marital settlement agreement and child custody/support agreement. Uncontested divorces require only limited court action.
A divorce is considered “contested” when your spouse does not want to divorce or you and your spouse cannot agree upon how to divide assets, pay debts, or handle child custody or support issues. In many states, the court presumes a division of assets and debts 50/50. Complications arise, however, when property cannot be easily divided in half, such as cars and the family home.
CHILDREN
Every divorcing family needs a child custody, visitation, and support agreement. Parents want the best for their children and should seek a compromising agreement that avoids dragging children through a stressful and emotional child custody battle. We have all seen such heart-wrenching struggles on TV and we should strive to avoid such struggles in your divorce.
This agreement identifies which parent has legal and physical custody of each child. The agreement also articulates when the non-custodial parent has visitation rights and under what circumstances. An important section identifies who is the responsible for making major child decisions. Finally, the agreement must specify the amount of child support and what expenses the child support covers.
Court intervention is required when you and your spouse are unable to agree on child custody, visitation, and support issues. Absent agreement, the court will determine custody by prioritizing the best interests of your children. The court will consider many factors when deciding custody, including the following: the age of the child, the child’s involvement in school and social activities, health issues, the child’s desire to live with a specific parent, the child’s relationship with each parent and each sibling, and any criminal or domestic violence history of the parents, if any. The court will consider the following factors when deciding financial support for the child: age of the child, income of each spouse, educational expenses, day-care expenses, medical expenses, day-to-day cost of rearing the child, lifestyle of the child pre-divorce, and other factors.