The Key Practice areas of a Divorce, Family and Child Custody Attorney
Divorce and child custody laws are very strict and difficult to predict. That is because emotional issues, as well as children, are involved. In a divorce case, determining the parent to assume custody of the children can be tough. Therefore, an expert attorney in divorce litigation is relevant in helping such families ease into a new life. This article provides you with a walk-through on the litigation procedures regarding family law. You can also visit http://www.hdmlawoffice.com/winder-lawyer-practice-areas/divorce-family-law/ to get more on divorce and family attorneys.
The Divorce Process
Relationships can at times hit the wall due to various reasons like infidelity or violence. If nothing is done between the partners, it can be very unhealthy mentally for the involved parties. In such irreparable cases, a divorce is imperative in providing either of the partners with a chance at new engagements and brighter futures. The divorce process requires cooperation and a clear understanding among the two partners. A divorce attorney will help you work out this agreement and make the right decisions to facilitate the accomplishment of the divorce.
For a successful case, there have to be irreconcilable differences or proof of fault. For the latter, most divorce state laws consider infidelity, theft, and violence as valid reasons to offer a divorce. The extent of fault is also used as leverage for deciding how to award the property or custody of the children in a fair manner. Excellent divorce attorneys will push forward for your parental rights as well as consider your child’s best interests when litigating the case.
The Process of Dividing the Property Fairly
In most cases, either member of any marriage has assets. However, a problem may arise when dividing the shared property. Businesses, real estate or household goods are the primary causes of divorce conflicts. You, therefore, need an expert attorney to ensure parity when dividing these assets. Lawyers have the knowledge on how to discern between the individually owned stuff and to who they belong. These litigators will collect proof of ownership of the contested property to help them come up with a fair ruling.
For instance, attorneys will look for the property protections signed before marriage, issues regarding inheritance, and the source of money used to acquire the contested asset. Each of these scenarios has specific governing laws concerning property division.
Obtaining Child Custody
Having the divorcees decide which spouse to take the children usually is the hardest part of the divorce process. It requires your attorney to have special skills and knowledge to remain impartial and focused on deciding the future of your children. The right attorney should not be caught up in the emotions and turmoil between the contesting spouses. Such professionals will also help in modifying existing arrangement by availing the necessary evidence to prove that situations have since changed favoring the transfer of custody from one spouse to another.
Issues regarding child support
After a divorce, child support is imminent to ensure that one parent is not burdened unduly with raising the child single-handedly. The litigation in such a case focuses on making each responsible parent have a fair share of the cost of supporting the child.