Hiring Divorce Lawyers
Divorces are stressful times, and hiring a divorce lawyers Mornington can help you navigate the process. They will also help you receive the best terms possible from your divorce.
When choosing a divorce attorney, it is important to find someone who matches your needs and will be a good fit with you. Ask about their prior experience, approach to working with clients, and cost structure.
Child custody
Child custody is the process of determining who will get to make important decisions on behalf of the children. Courts consider many factors when making these decisions.
Sole legal custody is often awarded to one parent, allowing that person to make major decisions on behalf of the children, including education, religion and medical care. Joint legal custody is sometimes given to both parents, allowing them to share in all the major decisions on their children's lives.
Physical custody (visitation/access) is the responsibility for actually taking care of a child and is typically negotiated between the parents. This arrangement can be either joint physical custody, where the child is allowed to live with both parents for an equal amount of time, or sole physical custody, where the child lives with one parent more than 50% of the time.
If you are concerned about how the facts surrounding your child custody agreement might change, it is a good idea to speak with a divorce lawyer. They can help you determine how to adjust the terms of your custody agreement in order to achieve the best possible outcome.
Property division
In most divorces, couples will need to figure out how to divide property, assets and debts. Depending on the type of property involved, this may be a complicated process.
It is important to have an experienced divorce lawyers in Mornington on your side when you are dealing with the issues of property division. There are a number of different laws and statutes that govern this aspect of your divorce.
A good divorce attorney will be able to help you identify and classify your assets, and break down how each asset affects your tax repercussions.
During the property division portion of your divorce, it is critical that you are completely honest about all of your assets and what you have been doing with them. If you try to hide an asset, the court could reopen your case and change your property division agreement.
Fortunately, the state of New York has a specific law in place that dictates how property is divided when a couple separates. This law is known as the Equitable Distribution Law.
Family debt
Debt is one of the most difficult issues to resolve during divorce. This is because it involves a lot of emotional, financial and legal aspects.
A divorce lawyer can often be required to determine how debt will be divided and whether it should be shared or not. They will also have to work with creditors to determine which spouse is responsible for certain debts.
This can be confusing, especially for those who have significant joint and commingled debts. The best thing you can do to prepare for this aspect of the divorce process is to make a list of your debts and to classify them as marital or separate.
The court will typically take into account which spouse took on the credit card, what it was used for and whether both parties benefitted from it. If this is a situation that the judge feels is unfair, they may order a different division of family debts.
Spousal support
Spousal support, or alimony, is one of the most challenging parts of divorce to assess. It’s important to have an experienced spousal support lawyer on your side during this process.
In determining the amount of spousal support, courts typically consider a number of factors, including each spouse’s earning capacity and financial needs. They also take into account the marital lifestyle and how it affected each spouse’s finances, both before and after the marriage.
Many divorcing couples have a large degree of difference in incomes. In those cases, a divorce lawyer may recommend that alimony be awarded to help the lower-earning spouse maintain a comparable quality of life.
Depending on the circumstances of the case, alimony can be permanent or open durational. In New Jersey, open durational alimony doesn’t have an end date, and payments don’t stop when the recipient former spouse remarries or dies.