Whether you are going through a divorce or have a child custody case, the right attorney can make all the difference. A competent lawyer will fight for your best interests and get the most beneficial terms from the court.
A divorce attorney needs several unique skills. These include excellent interpersonal skills and the ability to resolve conflicts in a non-judgmental manner.
Child Custody
divorce lawyers Mornington help parents determine custody and visitation arrangements that are best for their children. This involves understanding the child’s needs, considering the parents’ work schedules and housing arrangements, and coming up with a plan that will suit both parties and their children.
When parents cannot agree on custody or visitation arrangements, a court will usually impose a parenting plan. This plan includes a schedule that divides the time the child will spend with each parent.
In some cases, the judge may appoint a third party – an attorney for the child or law guardian – to represent the child’s wishes. This person is tasked with recommending to the court the results the child desires, and can substitute her own judgment for that of the parents.
However, this process can be stressful for both parents and children. That’s why it’s important to get a skilled, dedicated, and creative lawyer who will do everything possible to help you reach an effective outcome that benefits your family.
Division of Assets
During the course of marriage, couples often acquire a lot of property. This can include furniture, jewelry, art, a home, cars, savings accounts, brokerage accounts, and more.
Divorce lawyers in Mornington help couples divide their assets in a way that’s fair to both parties. This can be done through an agreement, by a property settlement, or through a judicial decree.
When dividing an asset, divorce attorneys must determine its value. This is done by determining what it would sell for on the open market today, or by getting an appraisal.
If an asset is complex, such as shares or stock in a business, the court may need to hire professionals to evaluate it. This can be a lengthy process, but it helps ensure that a judge has all of the information he or she needs to properly value these complex assets.
Debts also must be considered when determining how to divide an asset. For example, if a spouse keeps the house, that person will be responsible for paying off the mortgage and other debts that were incurred during the marriage.
Child Support
When parents divorce or separate, child support is one of the most common issues that courts deal with. The amount of child support is determined by the court using a mathematical formula that primarily considers both parents’ incomes.
Each state has its own child support guidelines. These guidelines determine the base child support obligation, which is intended to cover food, clothing, shelter and other general expenses.
Mandatory add-on costs also contribute to the basic child support amount, such as recurring medical expenses or a share of childcare costs for a parent who is working.
The judge can also adjust the child support payment when there are significant changes in a parent’s income. This includes voluntary unemployment or underemployment, such as when a spouse takes a lower-paying job and continues to make good faith efforts to find employment.
Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements are legal contracts that are prepared before or after a couple gets married to protect their property and assets. They can cover a variety of matters, including how property is divided, support and spousal maintenance expectations, and plans for other payments such as legal fees and child care expenses.
Many couples use prenuptial agreements to protect their assets and ensure a fair settlement in the event of divorce. This is especially true for those who are marrying later in life or who own significant estates, such as a farm, business or land.
Often, prenuptial agreements also allow spouses to 'ring-fence' business or trust assets, agreeing that they will not be shared if the marriage ends in divorce. This can help protect an interest in a business or avoid a situation where an ex-spouse is awarded an interest in the business and has to participate in running it.
While prenuptial and postnuptial agreements can be helpful in avoiding litigation, a court may not enforce an agreement that appears to be unfair, inequitable or unconscionable, against public policy. Therefore, it is important to consult with a Seattle divorce attorney with experience in these types of agreements before deciding whether or not to enter into one.