When filing for divorce
When filing for divorce, it is best to consult with an experienced divorce attorney before you begin divorce proceedings. Family law is complex and constantly changing – a Divorce and Family Law Attorney stays current with the law. Although the law does not require you to have an attorney in order to file for divorce, there are numerous ways you can benefit from having an attorney on your side.
Filing for divorce with children in the mix
Divorce is an anxious and emotional time for all family members, especially the children. Fighting over a child in a a divorce action, is one of the hardest and often most emotional aspects of the entire divorce process. Prior to filing for child custody in a divorce, it would be instructive to explore and understand which type of child custody you want. The four types of child custody you can receive during a divorce include: physical custody, sole custody, joint custody, and legal custody.
Physical child custody – gives the right to have the child live with that particular custodial parent.
Sole child custody – gives the right for the child to live with one parent as the other parent is often proved “unfit” in court.
Joint child custody – gives both parents the right for the child live with them usually according to an agreed schedule.
Legal child custody – gives a specific parent both the right and the responsibility to make decisions about a child’s upbringing.
Fighting over a child in divorce court
Fighting over a child in divorce court is a complex manner and needs the skills and experience of a full-time child custody and divorce lawyer. The guidance a lawyer offers in priceless. Most spouses will appreciate their lawyer’s input and helpful guidance about your divorce in general, child custody, visitation, insurance, child’s education, medical bills and insurance, and even moving to another location or even out-of-state with your child/ren.
Some critical matters an Experienced Family Law Attorney help you with:
• Make certain marital settlement agreements and pre- or post-nuptial agreements are properly prepared;
• Identify tax issues which may affect the distribution of marital property and the payment of child, spousal or family support;
• Help you effectively deal with complex legal issues involving community property laws;
• Negotiate or mediate the difficult and emotional issues relating to legal separation, dissolution of marriage and child custody;
• Protect clients who need restraining orders for domestic violence;
• Handle matters relating to modification of child custody, spousal support or child support;
• Offer a collaborative process enabling clients to resolve their issues without court intervention.
When and Why to Hire a Divorce Lawyer:
• It makes sense to hire a lawyer when there is a problem with any kind of abuse (spousal, child, sexual, or substance). A lawyer can help you to protect yourself and your children.
• If makes sense to hire a lawyer if you are experiencing domestic violence or fear violence.
• If you fear that your spouse might harm you or your children, immediately move to a safe place, and seek an attorney to get a temporary restraining order to keep the spouse away.
• If you want a restraining order for yourself, it is just as important that you have your attorney get a temporary order for custody of your children. That will stop any accusations of kidnapping.
• If you fear that your spouse might take off with your money, assets, or personal property you need to consult with an attorney right away.
• It makes sense to hire a lawyer when your spouse is being vindictive or dishonest. You might need someone to help protect your interests.
• It is virtually mandatory to hire a lawyer if your spouse has a lawyer. Especially true if you have children or have complicated financial issues.
Why Hire An Attorney For Divorce ?
What you do NOW affects your future.
Secure the services of a Santa Maria Divorce & Family Law Attorney for the best possible outcome.