When starting any case in the family court, petitioners are advised to set up a consultation with a lawyer. The cases handled in the court could present complexities that a person cannot manage on their own, and an attorney could shed light on what to do. Without legal representation, some individuals could lose the case and possibly monetary awards or, worse yet, custody of their kids.
Filing for a Divorce?
If a couple or a spouse wants to start a divorce case, an attorney is necessary to provide guidance. Even if the client chooses not to hire an attorney, at least the person knows about their rights and options.
A divorce case could remain simple, and the couple might agree on everything. However, this is not what happens in all divorce cases, and many individuals are left wishing they’d hired a lawyer. In a divorce, the parties must agree to the terms or a divorce trial is necessary. Petitioners can get help from CJB Law and avoid mistakes.
Do You Have Children?
Children complicate divorces, and many couples cannot agree on child custody or support. To have equal rights to the child and make decisions as a team, the couple needs to have joint custody. If either party gets sole custody, the non-custodial parent has limited rights and makes zero decisions for the child. If the parents can make a decision about parenting time, lawyers recommend getting the agreement in writing and filing the documents before someone changes their mind.
Does Your Child Have Special Medical or Schooling Needs?
Special needs for the children must be met by both parents. If a child needs additional medical care beyond the norm, the parents must reach an agreement about how to pay for the healthcare services and coordinate appointments.
If the child attends a private school or alternative educational program, the parents must create an agreement to pay for the tuition, supplies, books, and other requirements. These expenses are not included in child support in all cases, and a judge may require the parents to divide these costs equally.
How Long Were You Married?
Spousal support is a routine request in many divorces, and most state laws require the couple to be married at least 10 years before the court’s decision includes this type of monetary award. Temporary alimony is provided to help the other spouse get accustomed to a new lifestyle outside of the marriage. Rehabilitative alimony may pay for an educational program to help a spouse increase their earning capacity. Life-long alimony is available when the spouse is unable to work or support themselves. The court requires documentation showing why the spouse needs the payments.
Were You a Victim of Domestic Violence?
Spouses who were victims of domestic violence can get a protection order through the family court and keep an aggressor away from them. In a divorce, the protection order could remain in place for several years if the former spouse still poses a risk to the victim. If a child was the victim, the aggressor could be required to participate in supervised visitation.
Family laws apply to divorces, child custody hearings, and adoptions. Parents and family members can initiate cases to protect children at risk and get custody of the minor. By meeting with an attorney, clients could avoid costly mistakes and find better resolutions to family issues.