Tips & Advice
How is child support determined?
Each state has different mandates on how child support is determined. But there are some basic factors that underline how costs are determined in each state, including:
- Income level of parent that needs to pay support (in the case of joint custody, the costs are determined by income of each party and the percentage of time the child spends with each parent)
- Financial needs of child
- Child’s standard of living before the divorce occurred
What is a no-fault divorce?
This is a divorce in which one party does not have to prove that the other’s actions lead to a deterioration of the marriage. The reason for divorce is listed as "irreconcilable differences" or an "irreparable breakdown of the marriage,” meaning the marriage was no longer working and could not be repaired.
In what situations can a family law attorney be helpful?
Family law attorneys are helpful in cases where the two parties are not on amicable terms. The lawyers can act as intermediaries between the two parties and help them come to any settlement agreements, however long that may take.
Lawyers can also help parties navigate tricky state laws regarding settlement agreements and child custody, thus expediting the process.
What is a contested vs. an uncontested divorce?
A contested divorce is one in which the parties cannot agree on either the necessity of the divorce as a whole, or how assets (money, property, etc.) and child custody should be split between them in the divorce.
An uncontested divorce is when the parties are in agreement on how assets and child custody will be split between them. These divorces can sometimes be handled without hiring a lawyer.
Is a family law attorney necessary for a divorce?
It is possible for a couple to get a divorce without hiring a family law attorney. If the two parties are in agreement on how finances, child custody, properties, etc., will be split, then they can file the necessary court documents themselves and avoid the services of a lawyer.
How long does a divorce take?
Divorce proceedings can be as short as a few months or last as long as a few years. Each divorce case is different, but, generally, the length of a case is based on how well the two parties cooperate and how quickly they come to agreements on what gets split between them.
What is the main type of case handled by a family law attorney?
Family law attorneys most often handle divorces and matters related to them.
How much does it cost to hire a family law attorney?
The costs of hiring a family attorney can vary widely depending on a number of factors. The type of case and its complexity, the lawyer’s abilities and experience, and the end result of the case can all play a role in determining a lawyer’s overall fee. Some cases, like uncontested divorces, are “routine” cases that are easily solved, allowing lawyers to charge an upfront fee before work begins.
What does a family law attorney do?
Depending on the case, family law attorneys represent one or both parties settling relationship matters. For example, in divorce and related child-custody cases, family law attorneys can work as mediators and provide settlement options. But if agreement in mediation cannot be reached, these attorneys can represent the parties in court. In cases of adoption, a family law attorney can help parties navigate the legal the system to ensure the success of an adoption.
Family law is the legal practice of dealing with spousal relationships and parent-child relationship issues, such as divorce, child custody, adoption, and emancipation.