What follows is a brief overview of issues in Family Law. For more information, contact me, or view my website, nancyballastlaw.com
Divorce - Time Lines
The time you are waiting
for your divorce to be final depends on several things. If you are
married with minor children, the waiting time is at a minimum six
months, as set by the state statute governing divorce. If you are
married without minor children the waiting time can be less. This all
depends on whether, as the deadline approaches, there are still issues
to be settled between the spouses, such as property division, or spousal
support.
Spousal Support
Spousal support (formerly
called alimony) is not an automatic "given" in any marriage. The court
decides whether to award spousal support, and for how long, depending on
several factors. The factors include, but are not limited to: the ages
of the parties, the abilities of the parties to work, the length of the
marriage, and so on. It's also not a "given" that the man would pay
spousal support to the woman, it could be reversed, depending on the
situations of the parties.
Child Custody
It's possible that a
couple can reach an agreement about child custody before they begin the
divorce process. If that's the case, it makes things easier on all
parties, and the children as well. But if the parties can't agree on
custody, it will be decided by the court. The court takes into
consideration the best interests of the child, and may decide that a
joint custody arrangement is preferred to one where one party has "sole
custody."
Child Support
All children have the
right to a parent's financial support until the child is 18 or graduates
high school. The amount of support a parent will pay is based on
applying the Child Support Guidelines, with the amount of parenting time
a parent has as a factor. Joint custody of children will not erase a
parent's support obligation. Many factors go into calculating what child
support obligations are.
Property
Property settlement is the
area of divorce that divides all assets accumulated during or by reason
of a marriage. Even if property is titled in one party's name, it may
be considered as marital property. If a valid prenuptial (or antenuptial
agreement) was entered, that will also be considered by the court.
Visitation
It is presumed that it is
in the best interests of the child to have a relationship with both
parents that continues during and beyond the divorce process. The court
will arrange for visitation that supports a relationship with both
parents - whether custodial or non-custodial. Often, parents can agree
on a schedule for visitation, but if not, the court will arrange one for
the parents. If one party seeks to restrict or limit the other party's
visitation, the court will only order this based on clear and convincing
evidence that visitation would be a danger to the child's physical,
mental, or emotional health. This is because a child has an inherent
right to love and affection from both parents, and neither parent should
attempt to estrange children from the other parent. It's best not to
involve the child in disputes between the parents that often occur
during the divorce process.
Friend of the Court
Friend of the Court may be
involved in your divorce, custody, or child support case. Friend of the
Court is an arm of the court, and it issues recommendations on child
support, custody, and visitation. It is also involved in enforcement of
child support orders.
