While it’s often associated with divorce proceedings, family law encompasses many legal issues. It covers topics from child custody and support to property division.
Often, family lawyers focus on alternative dispute resolution methods that are less contentious than traditional litigation. These can include mediation and collaborative law.
Child Custody and Visitation
Child custody and visitation cases concern the well-being and upbringing of children whose parents have separated. A judge makes these decisions based on a careful evaluation of many factors. Most states have a presumption that the natural parents should get custody of minor children, but this is not always the case.
When a court determines the custody arrangement, it may award one parent sole legal custody, which provides for decision-making authority, or joint legal and physical custody, in which both parents share in the decision-making process as well as the daily care of the child. The court may also award only a single parent primary physical custody, in which case the other parent will receive regular, standard visitation rights.
A Volusia County family law attorney could help you determine your options and file the appropriate paperwork. An experienced lawyer can keep track of the many filings, dates, and requirements associated with a custody case and present your arguments clearly and persuasively.
Divorce
The breakup of a marriage creates emotional, financial, and parenting challenges that take time to work through. A divorce decree can address custody, visitation, child support, and property division. Assets may be classified as community property, owned equally by both spouses or separate property, which one spouse acquired before the marriage or through inheritance or a prenuptial agreement.
Children often suffer during a divorce, and many struggle to understand what caused the breakup of their parents’ marriage. They can also suffer when they are forced to choose sides or see their parents fighting. For teenagers especially, the breakdown of a family can be life-changing and lead to relationship problems later in life.
Alimony
Alimony is a form of financial support that a former spouse receives from a former partner after a divorce. Its goal is to help prevent one ex-spouse from drastically dropping their living standards after the divorce. A judge decides whether a person needs alimony and how much. The court also sets a payment schedule and terms. This is similar to the way it determines child support payments. Sometimes, judges award short-term alimony to help a spouse get back on their feet. This is sometimes referred to as rehabilitative alimony. These payments generally only change if the paying spouse experiences a significant change in their income, such as receiving a bonus at work or a raise.
Long-term alimony is rare, but it can be awarded when an ex-spouse cannot reasonably support themselves after a long marriage or due to disability. A judge may also award lump sum alimony. Spousal support can end if the spouse receiving it gets remarried or dies.
Property Division
Property division rights are a central aspect of divorce, and this issue can be very contentious. It often involves the value of valuable assets such as real estate, business interests, and substantial retirement accounts. A qualified family law attorney will help you accurately evaluate and fairly divide your assets.
In New York, the courts follow a legal theory known as equitable division of marital property, which means that the judge will try to split your assets fairly and reasonably. However, that does not necessarily mean equality.
For example, the courts will look at whether or not separate and marital property was mixed (blended), and they may consider the source of payments made toward separate property to determine how that property will be divided. You should talk about these things with your spouse and decide ahead of time to minimize future conflict.
