The breakup of a marriage can be difficult for spouses and children. A skilled Scheidungsanwalt Hattingen will help clients interpret complex legal statutes and reach mutually beneficial agreements during significant life changes.
When selecting an Orange County divorce lawyer, it is important to consider expertise and local knowledge. Be wary of accolades and award badges on lawyers’ websites; they are often bogus.
Divorce
Divorce is a complicated process that can be emotionally and financially draining. A divorce attorney can help you through this difficult time and make the process as smooth as possible. A lawyer can also guide you through other family law matters such as property division, custody, and support.
Divorces can be contested or uncontested. In a contested divorce, the spouses disagree about some or all of the terms of the divorce. A lawyer can help you resolve these disagreements through mediation or collaborative law.
A good divorce attorney should be knowledgeable about the issues that are most important to you. Look for an attorney who has experience in the areas you need help with, such as child custody and complex asset division.
False accusations in a divorce can have serious consequences. Your lawyer can protect you from wrongful allegations. A lawyer can also explain how a judge would likely rule on a particular issue, such as alimony or child custody.
Mediation
The purpose of mediation is to help spouses find mutually-acceptable solutions for their divorce. This includes the division of property, alimony or support and child custody.
Unlike the traditional court process, mediation is prompt and relatively inexpensive. It is also flexible. It can be conducted at a time and location that works with both parties’ schedules, including evening sessions. In addition, spouses are in control of their schedule and the process rather than being subject to the calendar of a judge or arbitrator.
The introductory meeting of mediation normally involves you and your ex-partner meeting with the mediator separately, followed by joint meetings. If you think your partner might be hiding assets, it is important that you bring together as much information as possible to the first meeting so the mediator can verify that everything disclosed is true. This will prevent you from agreeing to a settlement that you later discover is unfair.
Child Custody
For parents with children, the most important issue is usually custody. A court must determine what is in the best interests of the child. Parents may agree on a parenting plan, or the judge will create one for them. The terms of a custody order may include legal custody (the ability to make major decisions), physical custody (where the child lives) and visitation rights for the non-custodial parent.
Unless there is evidence of abuse or neglect, both parents are generally considered to have equal rights to custody. The judge will consider the best interests of the child, and will try to work out a reasonable time share schedule that fits both parents’ work schedules and housing arrangements.
Siblings and grandparents also have visitation rights. Sometimes a judge will award emergency visitation to one parent when there is evidence of abuse or neglect. Visiting parents must be carefully monitored. This is particularly important if the other parent engages in alienating behavior or has a history of violence.
Alimony or Maintenance
The issue of alimony or maintenance is one of the most difficult issues that must be resolved in a divorce. While there are many factors that the court will consider in making this determination, it generally comes down to whether or not one spouse needs financial assistance and if so how much and for how long.
Spousal support can be temporary or permanent and is typically based on statutory formulas that take into account the income of both parties as well as the length of the marriage. These payments are generally tax-deductible for the paying spouse and taxable for the recipient. They can also terminate upon the death of either party or remarriage of the supported spouse.
A court may also order interim maintenance, which is paid while the divorce proceedings are ongoing. This is often called alimony pendente lite. This type of spousal support is designed to help the wife maintain her standard of living while the divorce case is being litigated.