Divorce Lawyer, Divorcing spouses, and all who live with a partner who has initiated a Divorce Lawsuit. The law of the land is changing quickly and just as rapidly, so too, do the laws of family law. It seems that in divorces, both parties are coming to an agreement that they can live together. This leads to questions about asset division and spousal support and child custody. Both parties have the right to change their minds and get a new attorney, but not in a court of law unless they want to.
Divorcing spouses are not expected to stop living
with their other half until they have settled their property and other issues. There is no requirement that a person who has filed for divorce be permanently separated from his or her spouse unless spousal support is an issue. Spousal support is not automatic, so there is no reason to stop living with your partner if you wish to do so. But, unless you file for divorce and separate yourself legally from your spouse, you will be treated as one of the joint owners of the marital property, unless the court rules otherwise. If you wish to retain your separate status after filing for divorce, then it will be up to the court to decide that you can be considered a separate unit in the eyes of the law.
There are many ways to resolve marital disputes
without needing the assistance of divorce lawyers. Many couples begin the process by talking with each other and reaching an agreement in writing (oral divorce), via a neutral third party (minus ad testificandum), or through a private mediator. In an oral divorce, the lawyer for one spouse makes a presentation to the other spouse about the issues to be resolved and reasons why those issues should be settled now, rather than waiting until the case goes to trial. An oral divorce requires the lawyer for the other spouse to be available to mediate between the two parties and to handle the legal papers (if necessary) for the divorce.
Separation of assets and liabilities
is another common reason people seek the help of divorce lawyers. When one spouse has more assets than the other, such as through insurance or retirement accounts, the spouses can agree on who will keep these assets. In some cases, the two lawyers may work together to divide the assets among the spouses, with each lawyer getting half of the settlement (known as spousal support). This can result in much lower alimony payments or child custody arrangements.
Divorce lawyers also provide advice to couples
who is considering a prenuptial agreement? Prenuptials contracts entered into before marriage set forth the responsibilities of each spouse in the event of a divorce. For a prenup to be binding, both spouses must agree to it and the court process must go through the customary channels. Divorce lawyers can inform couples about the requirements for a prenup and give them expert advice on how to proceed.
Divorce lawyers can also help their clients settle their child custody
and child support obligations after a divorce. If one spouse was the primary caregiver, the court will usually award full custody of the child or children. If not, alimony may be arranged. Once a child has been removed from the home, his/her father or mother is entitled to receive support according to a formula set forth by state laws. Divorce lawyers can assist with this aspect of the separation process.