Divorce lawyers Mornington help clients resolve the many legal aspects of a divorce. They work to establish a fair division of assets and debt and support arrangements for children.
They also help clients navigate the complex legal system and reduce stress. If you’re considering hiring a divorce lawyer, there are some things to keep in mind:
Child custody and support
When a couple divorces, it is essential to resolve issues of child custody and support. The courts will look at the best interests of the children and award custody and visitation rights to parents who can provide the children with the care and protection they need.
Almost every state has specific laws governing custody arrangements. Those vary depending on how many years the parents have been married, the relationship between the parents, and their parenting styles.
The court will consider the children’s needs as well as the financial resources of the parents in determining the amount of support to be paid. This can include expenses related to medical treatment, education and day care.
Property division
Property division, or equitable distribution, is an important aspect of most divorces. It doesn't necessarily mean physical separation of the assets; rather, a judge will assign each spouse a percentage of the total worth of all of the couple's marital property (sometimes called the "marital estate"), minus their debts.
While it's easy to value a home or a business and assign a fair market value, not every piece of property is that easy to classify and value.
If you are a divorcing spouse, it is important to have an experienced property division lawyer on your side. A skilled property division attorney will be able to advocate your interests in court and negotiate settlements that provide a fair outcome for you.
Alimony
Alimony is a form of spousal support that can be awarded to help a lower-earning spouse maintain a standard of living after a divorce. The amount of alimony is determined by the judge based on a number of factors, including a spouse’s earning capacity and their needs.
A court may also consider a lower-earning spouse’s contributions to the marriage, such as housework and child-rearing. Some states have a formula for calculating alimony figures, while others allow judges considerable discretion.
In some cases, a lower-earning spouse may be able to avoid alimony by using their assets to reduce their income. This includes savings accounts, bonds and stocks.
Prenuptial agreements
A prenuptial agreement is a legal document prepared before a marriage to outline how a couple will handle property and finances in the event of divorce. It is a touchy topic and can be seen as unromantic, but it actually provides an opportunity for couples to discuss finances in an open and productive way.
It is also common for couples to include provisions defining the property rights of the parties to certain assets. This includes any property owned by one party prior to the marriage as well as any assets acquired during the course of the marriage.
This type of agreement is not always enforceable, however. States may enact restrictions on what is enforceable in the agreement, so it’s important to consult with an attorney.
Litigation
Divorce litigation is a type of dispute resolution where each party's attorney takes his or her case to a courtroom and presents his or her evidence. Often, divorce litigation is used when couples have unique issues that cannot be resolved through the mediation or collaborative process.
A litigated divorce is costly, time-consuming and emotionally taxing. It may take a year or more to reach a final resolution.
In addition, divorce lawyers in Mornington who practice in the litigated process are highly skilled at navigating the court system and its procedures. They also have extensive legal knowledge and a dedication to their clients' needs.
For More Information: https://morningtonfamilylawyer.com.au/family-law-divorce/