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...
There is a pervasive myth in the field of family law that a child over the age of 12 can choose which parent they want to live with in the event of a separation or divorce. While children 12 years of age or older may be permitted to voice their preference, the child does not get to choose which parent they want to live with. While a child’s opinion may be correct in some cases, it is unfortunately common for one parent to make grand, desirable...
Child custody agreements are understandably one of the most emotional experiences a family can go through. Tensions are often high, and with the best interest of the child and important family relationships involved, it can be difficult to identify a custody agreement that works for everyone. High-conflict custody cases can be particularly stressful, and they generally require the help of an experienced family law attorney or mediator to resolve....
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...