Family Law Frequently Asked Questions

Posted On Friday, 29 September 2023 10:37

There are many reasons why you may be considering hiring a family law attorney. Perhaps you realize that your relationship has reached its end, or maybe you want to find out if there is a way for you to change the way your visitation rights with your children work; or can be changed in the divorce decree, or perhaps you are a grandparent wishing to understand whether you have any rights when it comes to visiting your grandchildren. Whatever the reason, there are certainly many questions a family law attorney is asked frequently. Here are just some of the most salient ones.

What is a Contested Divorce?

A contested divorce is one in which the parties are unable to agree on key issues regarding their divorce. When they disagree on the way their community property should be divided, or if they do not see eye to eye regarding spousal support, or they cannot agree on the way their relationship with their children will be handled in the future, a contested divorce may be the only way for them to move forward. In it, one of the spouses files a petition, and the other one files a response to it in which they indicate that their position is different from their spouse’s. One of them then requests a trial date to have a judge listen to their stories and help them reach a satisfactory resolution.

Are There Different Types of Child Custody?

Generally, there are two different types of child custody. Physical custody refers to the parent with whom the children live. Legal custody is granted to the parent who will have the responsibility of making important decisions when it comes to their children’s life. This may refer to their education, healthcare, vacation time, or religious instruction.

When both parents share custody, it is said that they have joint custody. On the other hand, sole custody means that there is only one parent who holds both types of custody. It is always presumed that custody is determined to serve the best interests of the children.

How Does Spousal Support Work?

Alimony or spousal support is a way for one party to help the other with their monthly expenses. Alimony can come in two different forms. Temporary, which is given to the spouse while the divorce or separation is ongoing, and long-term which is set up once the divorce has been finalized. However, even long-term support can end at some point, maybe when one of the spouses dies or whoever is receiving the support gets married again.

What is Understood by Community Property?

Anything that either of the spouses gained during the time they were married is considered community property. This could mean a car, a house, some land, and even debts. Some exceptions are property that was inherited by one spouse or property that one spouse received in another way. Generally, community property is divided equally during a divorce unless the spouses themselves decide on a different arrangement to serve their needs.

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