Although the issues contained in any family law case will depend on the case’s specific facts, some general categories can be included. Make sure you seek advice from your family law attorney on the following topics:
1) Grounds for Divorce.
Most states have different grounds for divorce, not all states have established equal marriages, and not all states are very easy to prove. Separation is the most common reason, which means that the parties have separated within the legal period required for divorce (usually one or two years). Many states also have adultery, cruel or other domestic violence, abandonment, and a spouse’s imprisonment within a specified period of divorce grounds.
2) Child Custody.
Child custody and visitation issues are usually the most exciting moments. Many parents do not realize the degree of separation, especially the behaviour during and after the separation, will affect one or more children. It is not “our child,” but “my child,” not “child and my time,” but “me and child time.” These selfish ideas run counter to most states’ standards for determining child custody and visitation arrangements in the child’s best interests. The factors used by the courts to determine the best interests of children vary widely from state to state. Still, the most crucial factor is how to provide a particular child with the best opportunity for future growth.
3) Support of Children.
Child support is based on child support guidelines statutes. The standard maintains correct inferences regarding the amount of support, but such beliefs are usually rebuttable. The guidelines determine most child support cases, but the courts also consider different factors when calculating the guidelines. Despite the guiding principles, child support is often a problem due to deviations in people’s income and other important figures.
4) Division of Property.
The property division system and its ideas are perhaps the most variable regulations that depend on jurisdiction. A few states are community property states, which usually means that every property (except for property acquired through a gift or inheritance) is 50/50 owned by each spouse, regardless of who bought or owned it. Non-community property countries usually view property based on ownership. In both types of systems, attributes are typically distributed equally or equitably. It is important to note that fair distribution does not necessarily mean equal distribution.
5) Spousal Support.
Alimony, or usually referred to as spousal support, refers to funds paid from one spouse to the other to provide living allowances. Spouse support can generally be granted temporarily after the litigation period’s expiration, restored to the original state or a fixed period in the future, or permanently.
6) Fees, Costs, and Suit Money.
The cost of even the simplest family law case can be very high, and as the case becomes more and more intense, the cost will increase exponentially. Attorney fees, court fees, expert fees, subpoenas and other litigation costs have always been hot topics throughout the litigation. More specifically, the question is who will pay for these expenses. Many jurisdictions adopt the approach that anyone at fault in the litigation should at least bear a certain amount of responsibility to pay the costs when one party takes an unreasonable position, in this case, the other award costs. However, other people rarely reward anyone with fees and costs.
If there is such a thing, these six questions are general themes determined by a typical family law case. Of course, depending on the case’s specific circumstances, the number of these issues that need to be resolved will vary. The time and duration of the adjudication of these issues depend on the case’s jurisdiction and facts.
Divorce and also family regulations vary depending upon your state. If you need family law help in Toronto, you must locate a Toronto family attorney.