One of the reasons that divorces can take so long in court to decide is because the couple has children who must be taken into consideration. Children who are under the age of 18 by law are entitled to full protection and accommodation under the state law. The judge has the legal obligation to determine who gets custody of those children.
In many cases, judges will permit the children to remain in the marital home and award custody to the parent who meets these criteria. In many states, the mother wins default custody. However, the father is often awarded joint custody or generous visitation with the kids every other weekend and for several weeks during the summer months. This arrangement assumes that both parents pose no risk to the minor children and will not abuse them in any way.
Additionally, state law says children under the age of 18 are entitled to monetary support from both parents. In divorces, the support usually comes from the parent who is not awarded primary custody. The support payments are paid to the custodial parent. That parent likewise may receive spousal support if he or she has not worked during the marriage or does not have the monetary means to keep up the household expenses.
Another reason that people typically retain legal counsel involves keeping themselves safe during the proceedings. In cases of spousal abuse, lawyers are needed to file protection from abuse orders. They also safeguard the well-being of the victimized spouse and underage children. The monitoring can continue even after the dissolution has been granted.
The decision to change your name back to your maiden surname is another legal proceeding in and of itself. The motion can be filed with your case and the decision to reinstate your surname rendered at the same time. Most women are asked if they want their former last names given back when they file.
Most people assume that they have to walk into a lawyer's office with thousands of dollars in hand to pay the retainer fee. It is true that many lawyers expect their fees, particularly their retainer fee, to be paid upfront. However, some work pro bono, which means for free, for clients who have little financial means. The legal fees are reimbursed by the state. Other people agree to allow the lawyer to put a lien or lay claim to future monetary assets like a cash settlement or tax refund.
While getting a divorce is not everyone's idea of a happy time, it sometimes is the only way that people can get on with their lives. When you have made the choice to end your marriage, you can make the proceedings as fast and simple as possible by retaining legal help. Attorneys who specialize in this area of law are available in your city to assist you.
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