Family law encompasses legal issues that affect families, such as divorce, child custody, adoption, and more. Divorce is one of the most common family law issues, and it can be a challenging and emotional process. For anyone facing divorce, it’s essential to have a knowledgeable and experienced attorney on your side to help navigate the legal process.
At JMT Attorney, we understand the complexities and emotions that come with divorce. Our team of family law attorneys is dedicated to providing compassionate and effective legal representation for our clients.
Grounds for Divorce
The first step in the divorce process is to establish the grounds for divorce. There are two types of grounds for divorce: fault and no fault. Fault-based divorce is when one spouse alleges that the other spouse engaged in some form of misconduct that led to the breakdown of the marriage. Examples of fault-based grounds for divorce include adultery, cruelty, desertion, and more.
On the other hand, a no-fault divorce is when neither spouse is to blame for the breakdown of the marriage. In a no-fault divorce, the parties are typically required to live apart for a certain period before the divorce is granted. In most states, the period of separation is one year, but it can vary depending on the state’s laws.
Property Division
One of the most contentious issues in a divorce is the division of property. Each state has its laws regarding property division, and it’s essential to have an attorney who understands the laws in your state. In most states, property acquired during the marriage is considered marital property and is subject to equitable distribution.
Equitable distribution means that the court will divide the marital property fairly but not necessarily equally. The court will consider factors such as the length of the marriage, each party’s income and earning potential, and any prenuptial or postnuptial agreements when determining the division of property.
Child Custody
When a couple with children gets a divorce, child custody becomes a crucial issue. There are two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, religion, and healthcare. Physical custody refers to the right to have the child live with you.
In most cases, the court will try to establish joint custody, where both parents have legal and physical custody of the child. However, in some cases, one parent may be granted sole custody, either legal or physical, if the court determines it’s in the child’s best interest.
Child Support
Child support is another critical issue in a divorce with children. The court may order one parent to pay child support to the other parent to ensure the child’s financial needs are met. The amount of child support is determined by a formula that takes into account each parent’s income, the child’s needs, and the amount of time the child spends with each parent.
Modification of Orders
After a divorce is finalized, circumstances may change that require modifications to the orders. For example, if one parent’s income significantly decreases, they may request a modification of the child support order. Or if one parent needs to move out of state, they may request a modification of the custody order.
At JMT Attorney, we understand that life is unpredictable, and circumstances can change. Our attorneys are experienced in handling modifications of orders and can help you navigate the legal process.
Conclusion
Divorce is a challenging and emotional process, but having the right attorney on your side can make all the difference. At JMT Attorney, our family law attorneys are dedicated to providing compassionate and effective legal representation for our clients. If you’re facing a divorce or any other family law issue, contact us today to schedule a consultation.
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