When you decide to end a relationship with your partner, you must consider a number of legal matters. A family lawyer will ask the court to grant your wishes if you want a divorce, child custody, visitation, or property division. The lawyer will file a petition and deliver it to your partner.
The court presumes that all property owned by both or one party at the time of legal proceedings will be distributed equally. Family law assumes that both spouses contribute equally, so they should take equal shares. But, property bought before marriage is not divided, but the value is.
Separation occurs when a husband and wife decide not to live together as a couple. After the decision, you are legally separated, and you don’t need any documents to show you are no longer together. However, a husband or wife may decide to reconcile after separation.
You can divorce on the grounds of adultery by any partner, living separately, or mental or physical cruelty by your spouse. After separation, you don’t have to wait long before seeing a lawyer. You can file a divorce claim at any time.
Child Custody And Access
A court can give sole custody to one parent and allow visitation to the other parent or joint custody with one parent having the primary residence. The custodial parent has the right and responsibility to make all day-to-day choices regarding the child’s care and upbringing. Also, the other parent has the right to access and receive the child’s information.
Experts like the Cordell & Cordell law professionals should advise their clients that the Divorce Act encourages reconciliation whenever possible. If you agree to re-unite, your lawyer can recommend counseling. Also, an attorney should inform the client about the possibility of mediation, in which a neutral third party may mediate a settlement.
Experienced lawyers, like those at Cordell & Cordell, can seek an injunction to stop someone from communicating, harassing, or molesting you or your child in custody. The order will not be granted because you asked, but you should convince the court that the order is necessary.
The court may require your spouse to pay spousal or child support. This happens after the court evaluates the need for your support and the ability of the spouse to pay for it. The quantity will vary, and it will not matter who left or why you left.
Divorce or separation is a normal phase in many people’s lives. After a divorce, partners should strive to keep a smooth relationship to cater to their children.