Always know what to expect
What issues are involved in a family law case?
Family law encompasses many issues of marriage, divorce, legal separation, adoption, child custody, child support, and spousal support. Other issues that might arise during a family law case include property and child custody disputes in a divorce proceeding, and child support and visitation rights in a divorce or a legal separation case. Clients may also encounter issues of validity or eligibility, i.e. marriage in marriage cases and who may be adopted or can adopt in adoption cases.
What is the difference between legal separation and divorce?
While a legal separation is similar to divorce in many ways, including the grounds for filing, it is different in one key way: unlike divorce, it does not officially end or dissolve a marriage. While you can remarry after a divorce, you cannot remarry or be part of a domestic partnership following a legal separation. Generally, legal separation is for legally married couples who decide to live apart. However, the separation involves a legal agreement; hence it is not simply living apart.
Am I entitled to receive spousal support or will I be required to pay spousal support?
Whether you are the one who is entitled to spousal support or you are the one who has to pay it depends on if you are the higher-earning party. If you are the lower-earning party and your former spouse is in a position to support you financially, then you are entitled to spousal support. On the other hand, if you are the primary earner and you are in a position to support your former spouse, then you will have to pay spousal support.
Can I get a divorce judgment or order modified?
It is possible to get a modification to a divorce judgement or order even after the completion of the divorce process. If changes in your life have made the original divorce agreements unfair or unworkable, you can seek the legal modification of several or all of the terms of the agreement. You can request a modification either by appealing the divorce judgement in the Court of Appeals or by filing a modification motion with the court that issued the divorce judgement.
What is the difference between legal and physical child custody?
In a child custody case, the judge can grant either legal custody, physical custody, or a combination of the two. Physical custody refers to where and with whom the child will stay or live with. On the other hand, legal custody refers to who gets to make important decisions about the child's welfare, like on subjects such as education, religion, and medical or healthcare wellbeing. In either case, the court can grant sole custody to one parent or joint custody to both.