Divorce Legal Tips

Divorce Legal Tips

The legal process of filing a divorce is not complicated as long as you know what you want from the court. However, lack of knowledge on how to go about divorce legally may end up messing you up and a confused person at the end of the process. There are concrete steps that one must adhere to so much time as you want to win a divorce petition in a court of law;

Communication

Despite the fact that you are filing a divorce case in a court of justice, you must keep a clear communication with your attorney all through the process. Divorce in its own is a systematic communication process that requires the involved parties to be open to each other. Lack of communication might lead to challenges on how to complete the divorce process.

Disclosing all the properties

What makes most of the divorce cases to last for years in the court is lack of information about property ownership between the spouses. The legal requirements give both parties of the divorce case to disclose all the assets you own to initiate the right procedure to settle things amicably. If you want to get a divorce case facilitated in a smooth manner remember to disclose all the property details.

Prepare all necessary information before filing a petition

The best way you can go about the divorce issue is to know what you need for a successful divorce process. Before initiating the legal process search all relevant information from wherever you may find it to be sure of what you will be undertaking. One of the best places to begin is the internet as there are useful data that will direct you on whether to go about hiring a lawyer or without.  Here is how you can prepare.

Communicate with your family members

Consulting your family members especially children is an important step you should take to clear things out before the divorce is initiated. Talking with your kids is not comfortable about undergoing a divorce process, but it is necessary to prepare them psychologically for what is to come later.

Filing the petition

After you are set, it is time to file the petition in court so that your spouse may be served with a legal document to sign the petition to be presented to a magistrate for the process of hearing. The process of divorce will be initiated the moment you file the petition, and the other party is notified of the same. With the above tips, you will quickly go about your divorce.

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Child Custody Law Tips

Child Custody Law Tips

One of the most difficult decisions to make in life is the issue of child custody in the event of divorce. Child custody cases can be both emotionally and financially draining. In order to protect your child from the effects of divorce, you and your ex-partner need to have a good understanding of the applicable child custody laws for both custodial and non-custodial parents.

The following are important child custody law tips that will give you a better understanding as to how the law works:

Legal and physical custody

There are two basic aspects to child custody; legal custody as well as physical custody. Legal custody grants a parent rights and responsibilities to make decisions with regard to the child’s health, education, and welfare. Under this type of custody, a parent has a legal obligation to make the most appropriate decisions for the child. For instance, if you are given the legal custody of a child, then you have to make all the decisions without having having to consult your ex-partner.

However, there is a unique case where both of you can have legal custody of a child. In such circumstances, both parents have the right and responsibility of making decisions on the child’s education, health, and welfare jointly. Joint child custody is rarely granted by courts since parents may not agree on many decisions. But to avoid constant disagreements, both parents in joint custody should communicate with each other and cooperate in decision making.

Physical child custody can either be joint custody, whereby the children live with both parents or sole custody, whereby the children live with one parent and regularly visit the other parent. Physical custody tends to be very contentious since both parents may feel entitled to equal rights to a child’s custody. However, the court has powers to make decisions regarding physical child custody after careful consideration of the child’s interests.

Visitation orders

Visitation gives a guideline on how both parents will share time with the children. The parent who spends lesser than half of the time with the children has visitation. Visitation orders vary depending on the interests of the children, the situation of parents, among other factors. Generally, visitation can be according to schedule, reasonable visitation, supervised visitation, or no visitation at all.

Deciding child custody and visitation

According to the law, the court grants child custody according to the best interest of the child. Some of the factors that the court may consider when giving child custody include:

  • Age
  • Health status
  • Parents’ ability
  • Emotional ties between the parents and the child.

However, courts do not automatically give custody to a particular parent, no matter the age or sex of the child, the marital status of the other parent, their lifestyle, religious belief, or sexual orientation.

Get yourself a professional child custody attorney to represent you.

Regardless of their charges for legal representation, its a good idea to hire a proficient child custody lawyer. Get a lawyer who has vast experience in handling child custody cases and who has an excellent record of winning. Without a proficient child custody lawyer, your chances of winning a child custody case are very minimal.

There you have it. Understanding these child custody law tips and all its aspects will help in decision making particular child care and support.

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