Divorce is tough, so are we.
Filing for divorce is a complicated legal procedure requiring the advice and representation of a family law attorney to insure that your best interest is served by the outcome
Grounds for Divorce
Grounds are typically classified as fault or no-fault.
- Fault A fault divorce requires wrongdoing by one of the spouses. Grounds include adultery, extended imprisonment, cruelty or abuse.
- No-Fault In a no-fault divorce, neither party must prove the other engaged in wrongdoing. A no-fault divorce can be granted when the marriage being irretrievably broken or there are irreconcilable differences.
Most people are not familiar with the specifics of spousal support. Things like alimony and palimony can be affected by a range of factors. Whether you receive alimony or palimony, or if you have to pay it, understanding your rights is essential. Vandiver and Kaufman is well versed in how to protect your rights.
Spousal Support Disputes
The amount of spousal support you pay or receive can change due to factors such as:
- Loss of earnings; job loss, demotion, reduction in pay
- Increase in earnings; raise, promotion
- Changes in financial obligations
It is in your best interest to consult a lawyer who understands these situations to ensure that you don’t pay more than you should, or ensure you receive all the money you are entitled to.
Visitation rights govern the visitation schedules and arrangements agreed upon by the custodial and non-custodial parent. If they cannot agree, visitation rights will be decided by the court.
Typically one parent is awarded custody and the other is awarded visitation rights. The only time this is not possible is if the non-custodial parent is deemed irresponsible or a negative influence for the child. Common reasons for denying visitation rights include drug or alcohol abuse, and physical or verbal abuse. Often the custodial and non-custodial parent mutually agree on a visitation schedule. When they can’t agree the court determines visitation rights. This includes frequency of visits, pickup and return times, holiday and vacation schedules. The court may consider the wishes of the child, but only when the child is displays a certain sense of maturity, and the child’s age will be a factor, however the child’s best interests always outweigh the desires of any other party.
After a divorce both parents remain financially responsible for their children, but the court usually requires the non-custodial parent to make child support payments. Child support payments are calculated based on parents incomes and expenses and their childrens living expenses, education, health, and other needs. Vandiver and Kaufman will ensure that you receive or pay the appropriate amount required by law. We can also help when child support payments are not being made.