Everything You Need To Know On Family Law

Family Law, also known as Domestic Relations, covers many aspects of marriage and familial relationships. It focuses on issues like divorce, child custody, and support.

Generally, courts use the “best interests of the child” to guide these determinations. Similarly, courts consider factors such as the contributions of each spouse and the division of assets when deciding on equitable distributions.

Child Custody

When a couple with children divorces, the court will determine how custody will be divided. Custody is a child’s legal and physical responsibility and can be sole or joint.

When making a decision, the courts are concerned about protecting the child. A parent who is violent or has a history of domestic abuse may not be granted custody. The courts also consider each parent’s ability to provide a stable environment and encourage involvement.

Having an experienced attorney by your side can increase your chances of reaching a fair custody agreement. An attorney can help you navigate the complex laws and protect your rights.

Divorce

Divorce is an emotional and complicated process. It usually involves significant legal work and can take months or even years to resolve.

Children can be significantly affected by divorce. They often do not understand why their parents split up and may assume they did something wrong. They need reassurance that their parents love them and that the split is not their fault. They also need frequent, consistent contact with both parents.

Courts decide property division, custody/visitation, and child support issues in divorce cases. They can also ratify prenuptial and postnuptial agreements that parties have made.

Child Support

Child support is a critical issue in many Volusia County family law cases. Parents are legally obligated to support their children financially until they reach the age of 18. The amount of child support is determined by state law and can vary significantly between jurisdictions.

Some states add medical insurance and daycare expenses to the primary child support obligation, while others do not. A family law attorney can explain your state’s guidelines and requirements. A lawyer can also advise on how remarriage or new relationships may impact child support obligations. Moreover, a lawyer can help you understand the tax implications of child support payments.

Property Division

In divorce cases, property division is a judicial separation of assets and debts. The process may be done through a negotiated property settlement or a court decree. A judge will evaluate and divide the marital assets fairly but not equally.

Separate property includes anything you owned before marrying, inherited, or acquired by gift. Community property refers to any assets you obtain together, including furniture, real estate, brokerage accounts, art, boats, and savings accounts.

However, separate and community property can become commingled. It is essential to hire a lawyer to assist with the classification of property and a thorough understanding of equitable distribution laws.

Restraining Orders

Depending on the situation, the court may require that household members stay away from each other. These orders can be filed in either Family Court or Criminal Court.

It is a crime to violate an order of protection. In this case, the judge can issue an entire or limited order of protection prohibiting contact, including calls, text messages, and visits. If the person is found to have violated the order, the police can arrest them for contempt of court. An experienced attorney can draft the petition and provide the information necessary to get this type of order. The judge will listen to both sides and make a decision.

Estate Planning

You can name your children as secondary beneficiaries of a retirement account or life insurance policy, so they will receive some of your assets if the primary beneficiary passes away before you do. You can also establish trusts for special needs beneficiaries that preserve their eligibility for government benefits.

Even if you don’t have substantial wealth, estate planning is essential. Without a will or trust, state law would dictate how your assets are distributed, which may not align with your wishes. An attorney can help you find and organize information and documents, correct titles and beneficiary forms, and save your family time, fees, and taxes in the future.