A Guide to Family Law
You’ve probably heard family law being tossed around a few times. And if not, then you’re probably familiar with divorce, child custody, and adoption. Family law encompasses a range of legal topics involving marriage and children. Lawyers in this area also draft prenuptial and postnuptial agreements along with litigate-related matters.
In contested family law scenarios, having a skilled attorney provides an advantage. They have the ability to identify hidden assets and income, present arguments in regards to child support, and take the case to trial if necessary. Without one, the party might not know exactly what they’re getting themselves into.
It can be tricky navigating family law, but Ewbank, Hennigh & McVay, PLLC is here to give some pointers. Read on below to learn more and give us a call at (580) 234-4334 to share your case.
Divorce vs. Annulment
Both are court procedures that result in a dissolved marriage, but it can be easy getting the two mixed up occasionally. Unlike a divorce, an annulment treats the marriage as though it never happened. The majority of dissolutions of marriage, though, are carried out in divorce. It should be noted that there is no set “time limit” for an annulment, and there are limited instances in which an annulment is appropriate.
Child Custody and Visitation
No matter the party, the court decides child custody and visitation right based on the “best interests of the child.” A party can increase their chances of larger custody by being active parents involved in their child’s school, medical issues and overall care. Other important factors include, but are not limited to: discipline, vocations, ability to pay and ability to co-parent.
The amount of money a parent is required to pay the spouse who retains primary custody of the child(ren). It is intended to benefit the child(ren) and most often helps pay for food, shelter, clothing, medical care, and education expenditures. The amount of child support is set by statute, and is determined by gross incomes of both parties and the number of minor children involved.
Also known as alimony, spousal support refers to the routine payments made from one spouse to the other during a separation or divorce. The purpose is to recognize the recipient’s contribution to the marriage, assisting the other in financial independence. The amount of spousal support is discretionary with the trial judge, so the amount is determined on a case-by-case basis.
Family Law Mediation
This scenario is used to resolve family disputes. A neutral, third-party helps the two smooth out their differences to reach an agreement, saving from taking a case to trial. Both parties (and their attorneys, if applicable) are involved in the mediation process.
Unsure about other Family Law Questions? Give us a call, we’re happy to help. (580) 234-4334.