A Brief Guide on Family Law

Law

 

We have to start by saying that divorce and separation are not simple, which means that you have to be informed when it comes to all details. You should deal with legal, financial and emotional changes, which means that you have to surround yourself with patience.

Since most of us tend to be highly anxious and emotional during this period, you should think about other parts of your social life so that you can cope with the issues that may happen.

Even though it may seem impossible at first to work out any form of settlement with a former partner, the statistics state that more than 50% of couples can reach the agreement without going to court.

At the same time, only six percent of couples go to trial, because the process is stressful and may take more money out of your pockets for additional expenses including court and attorney fees.

Have in mind that marriage is not only an emotional but a social contract between two parties, which means that both spouses are joining their forces in financial ways as well. When a relationship ends, the spouses have to divide the finances.

At first, you may need a financial inventory of all debts and assets. At the same time, you have to find ways to write down everything you own as well as the amount you owe.

When it comes to things such as vehicles or households, you will need to evaluate it by finding a professional for market assessment in your area. However, let us start from the beginning.

Family Law

It does not matter if you decided to conduct an agreement or to go to court, it is important to understand your responsibilities and rights along the way.

A spouse is someone married or in common-law relationship that represents unmarried partners that live in a marriage-like relationship for at least two years.

When the relationship ends, both sides have certain responsibilities and legal rights. In general, both sides feature equal rights, and the main difference between these two aspects is that in common law relationships do not require filing for divorce.

You should check out this link: aek-law.com to learn more about family law in general.

What Will Happen With Children?

Since parents are responsible for caring for children, they have to make proper decisions that will be in the best interest of children. Legally speaking, you are the guardian of your loved ones, which means that you are completely responsible for their care and other aspects.

The law does not have specific parts in which it states where the child should go. However, the current situation and other unique aspects of your financial and mental status is something that will affect the decision.

You have to create an agreement about with whom and where your child will be living, and when it can spend time with another parent as well. The idea is to set out which parent comes with parenting responsibilities, which includes custody and child support.

Child Support

Since the legal responsibilities of parents are to support their children financially, we are calling this child support. It means that one parent will pay the other to help cover all costs required. Usually, the parent who spends less time with child tends to pay support.

Apart from basic child support, parents also have to pay for extraordinary and special expenses including unexpected school field trips and music lessons for instance. Special expenses are divided proportionately, which depends on the income that each parent makes.

Spousal Support

The form of support includes spousal or alimony, which means that one partner, should pay to the other. It is important to state that this is not an automatic right for either part, and one spouse should be at a financial disadvantage to make it happen.

Therefore, judges will order alimony in these cases:

  • If the relationship was long-term, which means longer than two years?
  • If there are economic disadvantages because of a relationship.
  • If there is a difference in income
  • If the one partner has reduced the ability to financially, support him during the relationship.

By checking here, you will be able to understand everything about spousal support.

Tips for Settlement

  • Stay Focused – During the process, you need to stay focused and avoid bringing up the past, especially if it is irrelevant for reaching an agreement. The natural tendency is for some partner to feel hurt and angry after a breakup, but you should avoid letting emotions take control of you during this period.
  • Nobody Wins – It is vital to understand that no one will get everything they want, which means that compromise is the best solution possible and realistic goal that you can make. There are no winners in the process of divorce.

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