Law Divorce

Family Law is a specialty that not all lawyers have experience in. If you are going through a divorce and having issues with custody you want to find an attorney that knows family law. This field of law can be complicated so make sure you find somebody that you feel comfortable with can do the right job for you. Domestic issues whether it is divorce or child custody touches just about every social class, whether you are wealthy or you are poor. This type of law deals with many issues that come up with in a marriage. You may be having an issue with your acts and getting proper custody of your children, a good family lawyer can help you with your rights.

If you are thinking about it not being a child you will also need a family lawyer who has experience to draw up the papers that you need. Also you can consult with this type of attorney to make sure you go through the right processes in finding a new child. There have also been cases where a family lawyer with needed to get involved when a child was a abducted from their biological parent.

There are many reasons that you would need to hire a family law attorney but sure you find one that you feel comfortable with. You should always check to see if they specialize in this type of law. Many lawyers have a degree but do not specialize in anything specific this is not who you want.

Remember that family law can be complicated and if you are going through divorce or dealing with child custody it is important you find a good attorney. You should not settle for the first attorney you visit, it is important to find someone that you feel comfortable with.

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The subject of family law is a broad and diverse subject. It covers a wide range of issues and topics mainly involving the subject of marriage and the rights of children under marriage. Some of the subjects that pertain to family law are divorce, annulment and child support.

Divorce

Typically the formal definition of divorce is worded in various ways, but generally it is designated as a decree or order from a court judge stating that a marriage is (from that day forward) terminated and dissolved.

What we consider divorce and how we handle it is different than how it was handled many years ago. Ancient civilizations considered the subjects of marriage and divorce (or marriage dissolution) to be matters of privacy and while certain religions have always had opinions regarding divorce governments did not generally get involved.

Since the time that the United States claimed its independence, the subject of divorce and family law developed on a regional basis, obviously because during the early years there was a lot of differing opinions on how the country should be run and the subject of family law was included in that development. The U.S. Constitution specified that divorce should be regulated individually by the states. For many years it was generally accepted that divorce would only be granted after one spouse showed evidence of fault, or breach of the marriage contract on the part of the other spouse.

Nowadays every state in the U.S. has accepted what is called a “no fault divorce.” A no fault divorce means that the person in the marriage who is filing for divorce does not have to provide legal proof that their spouse did something specific to violate or breach the marriage contract.

Annulment

Annulment in its most basic definition is a legal determination (by a court judge) that a marriage to be null and void, usually because the marriage was formed and took place under disputable circumstances. In the U.S., the rules that allow a marriage to be considered for annulment vary from one state to the other because individual states have varying family law regulations.

Most of the time a marriage is annulled when a marriage involves parties that are under legal age; and act of duress (one party claiming to be forced into the marriage); one party purposely concealing their previous life history to the to the other party, or any number of other factors. The difference between divorce and annulment is that whereas a divorce decrees that a marriage no longer exists, an annulment decree states that the marriage never legally existed.

Child Support

Child support is the provision of financial support or payment of monies to ensure that a child whose parents have divorced will receive continuous, future financial support from both parents. It is commonly accepted by courts and society as a whole that such children need to have solid financial support system from both parents, even if they are no longer married and/or living together.

In most U.S. states child support is a form of a financial support payment plan that is determined or ordered by a judge in a family law court. It is also considered to be good public policy to require divorced parents to provide monetary support for their children so that the children do not become neglected and become dependent on already overburdened state and public welfare systems.

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In the state of Texas, common law marriage is recognized when two individuals live together and agree that they are “married”, refer to each other as “husband or wife”, and perform actions that are typical for married couples (such as filing a joint tax return). Under these conditions in this state, you could be legally eligible for this type of marriage determination. However, it is important to understand that even though the state of Texas identifies common law marriages, there is no similar process for common law divorces. This particular endeavor has its own set of rules and a couple cannot be simply divorce by stating it publicly or living apart.

If you choose to dissolve your marriage, you will still need to divide your assets and make determination regarding child support and child custody. Because this process can often be very complicated and time-consuming, you may want to consider hiring an attorney to help you through this process, as it will need to be done in a legally-recognizable manner. Consult with a lawyer today to answer any questions you may have regarding this procedure.

The following provisions may be said about common law divorce:

Either spouse in the marriage has 2 years after you separate to file an action to prove that your marriage did indeed exist.
You must have separated after September 1, 1989.
You are still responsible for assets, debt, and the care of your children.
In order to make sure that your spouse is legally responsible for what is owed to you, a divorce is preferred, rather than a legal separation or annulment.

If you experienced any form a spousal abuse in your common law marriage, there are provisions that can protect you under the law, such as requesting a protective order. These rights are still applicable for common law spouses as they are for spouses who obtain marriage licenses. Regardless of your marital status, you still may want to consult with a lawyer to make sure that you receive all of the funds to which you are entitled and your partner upholds his or her end of the custody determination.

Family law disputes range from complex legal battles to the unchallenged officiating of circumstances. Though aspects may be very simple, and be included in all legal service, others can become heated and highly disputed legal battles lasting many months. While the former may be delivered by any qualified lawyer, it’s best to invest in the best family law attorney if you are expecting a fight.

Finding one isn’t just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.

Firstly, it’s generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child’s second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.

Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.

Budget with your attorney. Most attorneys will be flexible when it comes to formulating payment plans, they are aware that their services can be costly and are sensitive to a clients constraints. Just because you are on a budget does not mean you can’t afford an excellent attorney, in fact it may be to your advantage to spend that little bit more. An experienced attorney will prioritize workload based upon your budget and will be able to establish a far more accurate overview of case costs.

To get in touch with an excellent family law divorce lawyer attorney, seek out your local or regional law society or guiding body. These institutions exist, in one form or another, in most western countries and aim to document and accredit genuinely excellent lawyers. That said, you should be wary of false accreditations and ask any prospective lawyers how you might verify their record.

It should be clear by now that finding the best family law attorney does not necessarily mean spending a fortune. In fact, you may find cheaper attorneys ultimately cost more due to extended research time and protracted cases. Ensure that they have a good understanding of the areas of law he may be required to fight, and ask them for an estimation as to the length and complexity of the case they are undertaking.

Common Law Divorce (also known as Public Record Divorce) is when both the partners have had a relationship for a while without a legal marriage ceremony and they have been living together as partners for a specific number of years. They are treated as married couples by the law and this is why that in the event that they split up, a legal divorce is necessary and must be processed. Among the many states that recognize this common law divorce system, Georgia is one state that also allows this kind of marriage.

Although getting married through this process of common law marriage is something a little complicated than other marriages, there is not much difference in the legal proceedings when it comes to common law divorces. This is why there is just as much need to get proper attorneys present when you make your decisions. Divorce attorneys Athens GA will be able to guide you on all aspects of the divorce and ensure that it is processed as peacefully and rapidly as possible. In this case the matters of child support, child custody and division of assets are just as important because the couples are treated as married couples by the state of Georgia.

One of the most efficient and least expensive processes when it comes to common law divorce is to try meditation which will require specialized divorce attorneys Athens GA so they can hold mediation sessions and make sure that the couple comes to an agreement that is fair to both sides.

If you’re looking for a experienced divorce lawyer check out Charles M. Green, APLC.