While separation and divorce are closely related, the differences between the two are significant, and one does not necessarily include the other. For example, a couple may choose a legal separation over divorce while they work on the relationship and determine what step to take next.
Similarly, a couple may choose to file for divorce without enduring any significant period of separation prior to the filing, although this is not as common. Both...
Spousal support, maintenance, or “alimony” is an important element for consideration in any divorce. The amount of alimony in question can vary greatly from family to family and state to state. If the couple has a child or children, spousal support is generally calculated after child support, but is not mandatory in most states. However, if one spouse is likely to suffer significant hardship without some financial support from the other, a...
Families change and grow with time, and with these changes often comes a change in needs and availability. Child support is generally paid by the non-custodial parent in a divorced family on a monthly basis; the amount of child support to be paid may either be agreed upon in court or ordered by a judge, but cannot be changed without an approved petition for modification.
It’s important to remember that an original child support order is not set...
Military divorce has many similarities to standard divorce, however there are important considerations to take into account. A military spouse may be entitled to continue receiving military benefits for a set period of time after the divorce has been finalized depending on a variety of factors, such as how long the couple was married during the military spouse’s service. It is also important to note that if a servicemember is deployed during...
Any legal situation in which the involved parties want to attempt to settle the matter without litigation is considered a form of Alternative Dispute Resolution (ADR). These methods of dispute resolution are particularly useful in situations where the parties involved have a desire to work collaboratively and look for a compromise. However, in higher tension and/or hostile disputes, ADR might not be enough on its own, at which point it’s a good...
Child support and child custody are often closely tied together and can vary from state to state and family to family. This is why it’s important to find a family attorney with experience handling situations like yours to determine what method of child support is in the best interest of the child. Child custody is generally decided based on this concept, and child support generally follows.
In cases where one parent has full custody, the...
Custody disputes are inherently emotionally charged situations and can be even more so when non-parent custody is part of the equation. The fit parent presumption in a custody case is that if a biological parent of the child is in the position to be a fit caretaker, custody goes to them unless another party can show evidence that doing so is not in the best interest of the child. Custody is an extremely important matter that can go on to affect a...
Divorce cases are delicate situations. What you say may change the course of any court process, even if it’s just a one-word comment or “liking” someone else’s post. So much of a divorce or custody proceeding relies on your character, and how you are presenting yourself to the judge.
Some quick examples of how bad social media behavior can come back to bite you:
Presenting yourself as a suitable and responsible parent - but your...