Bronx Divorce Lawyers
Facing divorce in Bronx? Our Bronx divorce lawyers can help. If you want a face and urgent divorce, we can help. The Spodek Law Group is a top rated bronx divorce law firm that helps with both contested, and uncontested divorce representation.
How fast is divorce in bronx, New York?
The cost of a divorce in bronx doesn’t have to be expensive. In uncontested divorces, both parties are in agreement in advance on how to divide property, debts, custody of children, and for setting child/spousal support. The fact is, in situations of uncontested divorce – the process is smooth and simple. You don’t have much to worry about. You simply have to go through the legal paperwork, which is where we can help you.
Uncontested Divorce bronx
No matter where you are, as long as you, or your spouse, is in bronx, we can help you get a fast, affordable, and convenient, uncontested bronx divorce. Our firm has immense experience helping you get divorced, without any headaches.
We are committed to providing you the highest level of service and results. As premier bronx divorce lawyers, we keep you updated, and constantly in the loop throughout the entire divorce process. You always know what’s going on with your case. We can help you whether you’re in an uncontested divorce, or whether you have child support/custody issues, or have significant assets that must be divided.
Regardless of where you are in NY, we can help you get a fast NY divorce.
Need a bronx no fault divorce? We can help. We offer affordable no fault divorce services in bronx. We offer an expedited service which gets you your divorce done very fast. No fault divorce allows you to get a divorce if your marriage is broken for 6 months or more. Before the NY no fault divorce law was passed, you would have to viciously accuse your spouse of something which was difficult to prove. Now, as long as you’re willing to state that your marriage hasn’t been working for the last 6 months, you can get your divorce fast. The no-fault divorce law lets you get divorced even if the marriage isn’t working out. This new law has truly revolutionized divorces in bronx. Prior to the no-fault divorce law, you had to accuse your spouse of vicious things like adultery, abandonment, and more.
Is a Separation Agreement Enforceable
When spouses encounter marital problems, they may consider separation as an option for dealing with them. Not every separation ends in divorce; some couples decide to stay legally married for religious reasons. No matter the underlying cause, you may decide that separation is preferable to a long, drawn-out divorce. During the process of deciding whether to separate, you and your spouse may consider an informal arrangement or a legal separation. As the two of you weigh those options, you may wonder whether a separation agreement can be enforced.
Two Types of Separation Agreements: What’s the Difference?
Before determining whether they can be enforced, it’s important to understand the two different separation agreement types. First, there’s an informal agreement between spouses. Although an informal agreement must be put into writing, the court does not get involved.
Second, there’s a legal separation agreement that can only be created through the courts. Different processes are required to judicially enforce these different kinds of separation agreements, and a local divorce or family attorney can help you choose the right agreement for your situation.
Does New York Have a Residency Requirement for Legal Separation?
The answer to that question is complex. There’s no residency requirement if, at filing time, both spouses are New York residents and the reasons for the separation arose in the state. Otherwise, you have to meet one of two requirements:
- Living in the state for at least two continuous years before filing
- Living as a married couple in the state for at least one year before filing, you were married in New York, and the reason for the separation happened here.
Informal Agreements Between Separating Spouses
As long as it’s been correctly prepared and fully executed by both spouses, an informal separation agreement is a legally binding contract. Simply put, assuming that the agreement has been written and signed by both parties, you or your spouse can file a court case requesting damages or enforcement in the event of a breach. Here, a separation agreement is handled much like any other type of contract dispute.
Legal Separation Agreements Through the Court System
If you and your spouse reach a separation agreement as part of a legal proceeding, there’s no need to go back to court to request contract enforcement. Rather, if you believe your spouse has breached the agreement’s terms, all you need to do is to file a motion for enforcement.
When separation agreements are made during courtroom proceedings, the court adopts the contract as part of the decree or court order in the case. Therefore, if either spouse breaches the separation agreement, they aren’t just violating the contract’s terms; they’re violating the court’s orders as well.
State Laws on Legal Separation and Contracts
New York’s laws generally govern contracts and specifically govern separation agreements. Furthermore, you should note that not every state has a separate proceeding for a legal separation. In states other than New York, if you and your spouse want to separate, you’d do so informally and outside the court system.
Dating During a Separation
Dating during separation may give the other spouse grounds for divorce under state law. In the state of New York, only a notarized, signed separation agreement or a court order gives you the right to live apart and separate from your spouse. Therefore, dating immediately after a physical separation (not a legal one) will give your spouse a reason to file for divorce.
It’s Important to Be Proactive About Separation
When your spouse violates the terms of a legal or informal separation agreement, it’s important to proactively protect your rights and your interests. Indeed, even if the breach seems relatively minor, you should remember that it’s a slippery slope. In some cases, if a spouse gets away with one violation, they’ll continue to push the envelope with further violations of the separation agreement’s terms and conditions.
Hire a Bronx Legal Separation Attorney
If you’re considering a separation from your spouse, it’s in your interest to consult an attorney. A legal separation and divorce lawyer can give you information on your options in the state of New York. Generally, attorneys do not charge fees for initial consultations. If you’ve already gotten a separation agreement, whether it’s formal or informal, you should seek legal advice if you think it’s been breached.
An experienced, skilled separation lawyer can advise you on the right steps to take to protect your interests. If you’re thinking of separating from your spouse, you’re strongly advised to retain counsel in the very beginning. With a lawyer’s help, you can draft a separation agreement that will help you (and your spouse) avoid future problems.
Is his marriage valid if a wedding ceremony wasn’t performed?
There’s a significant difference between a wedding and a marriage. A wedding is an event, while a marriage is a legal matter that involves, among other things, the involvement of the state. While many people can and have had weddings without necessarily getting legally married, the opposite is less common. In fact, it begs a question – is it even possible to be legally married without some sort of ceremony? This can be a pressing question, especially if you’re wondering about the marital status of either yourself or your partner. The answer to this particular question requires defining what a ceremony is and how one becomes legally married.
What is a Legal Marriage?
In most states, a legal marriage is a relatively straightforward affair. Contrary to popular belief, the only person who most people technically have to visit is the county clerk. You’ll need to visit the clerk, fill out the appropriate paperwork and get it signed – once that’s done, you’re technically married. As such, one doesn’t technically need any kind of ceremony to occur to have any kind of legal marriage. What one does need, though, is the signed paperwork – otherwise known as a marriage license. Where things get complicated, though, is with who has to do the signing.
Marriage licenses are typically filed by the person who officiates the wedding. The requirements to be an officiant vary, but it’s usually the duty of the officiant to get the license signed by the parties to the marriage, as well as any relevant witnesses. It is the signing of the officiant that makes it possible to prove that you’re married, and most people consider the marriage ceremony to be complete once the document has been signed. As you might imagine, it’s become increasingly common for individuals to consider themselves to be officially married once the document is signed and filed.
What is a Ceremony?
It’s difficult to say if you can be married without a ceremony. You are certainly on your way to being married as soon as you have a license. There’s no technical need for any kind of fancy ceremony to occur to get the document signed. In many cases, individuals simply go before a judge and have the document quickly and efficiently signed. Depending on where you go, it takes longer to pay the relevant fees to get married than it takes to get the document signed. It’s hard to call this a ceremony, but this might not be the case for everyone.
If you consider the signing of a marriage license to be a ceremony, then it’s absolutely vital that a ceremony occurs of a marriage to be legally valid. If you just consider the signing to be paperwork, though, then it’s not necessary for a ceremony of any type to occur. This might be simple semantics to some, but whether or not you need to have a ceremony to be married really depends upon how you define having an officiant and witnesses sign the marriage license.
Why it Matters
As with many other legal matters, the language you use here matters. It is vital that you understand what your potential partner means by not having a ceremony. If he means that he has not had a marriage license signed by anyone, it’s unlikely that he is considered legally married in most states. If he means that he did not have any kind of elaborate wedding ceremony, though, it is still very possible that he is legally married and that complications could arise if you move forward with your relationship.
It’s important to take a moment to consider what the difference between being legally married and having a marriage ceremony means for any relationship in which you find yourself. It’s possible to have a marriage without any type of religious ceremony, just as it’s possible to have a marriage ceremony without a legally binding marriage. If marriage matters to you, it’s always a good idea to learn the precise situation behind the other party’s marriage and its current state. While he might not consider himself married because he didn’t undergo a culturally-specific ceremony, what it’s important is whether or not the proper legal processes were followed. Marriage is very much a legal state, so it’s the law that tends to matter in this situation.
Is joint custody a possibility if he doesn’t even use his visitation? Can my Bronx divorce lawyer help?
If you are in the midst of a divorce and have minor children, you may be wondering what type of custody and visitation a court might award. You may be considering an agreement to share joint custody with your soon-to-be ex-spouse. If your spouse does not currently exercise his visitation rights, this could impact the likelihood a judge will order joint custody. This also applies in cases where a parent who has visitation has filed for a modification of custody.
Joint physical custody means that a child will spend approximately equal amounts of time with both parents. In many cases, the child will spend one week with one parent and the next week at the other parent’s house. Some parents exchange the child for visitation in the middle of the week.
Joint legal custody means that both parents must be involved when it comes to making important decisions that affect the child such as anything that involves the child’s healthcare or education. Sharing joint legal custody can be difficult if you have difficulty having a civil discussion with the child’s other parent.
In many cases, one parent has primary or sole custody of a child and the other parent has visitation. Standard visitation typically involves spending time with the child every other weekend and every other holiday. Courts may order supervised visitation in cases where there is evidence to demonstrate that unsupervised visitation would not be in the interests of the child.
It is also important to understand any previous orders regarding child custody. In many cases, a temporary order is entered at the beginning of a case granting custody to one party and visitation to the other. A final order is entered at the end of the case. The parties may agree on issues such as property division and custody arrangements, or the parties can have a hearing and present evidence about why the court should rule in their favor. A judge must approve any final orders even if the parties agree.
Another common scenario where a parent may petition for joint custody is when a case is reopened and modifications of a prior order are requested. Some parents request a modification of custody when they want to avoid paying child support if a judge has previously awarded sole custody to the other parent.
During a custody hearing, each parent will be given an opportunity to testify about their relationship with the child. It is a good idea to document any interaction you have with your child’s parent and speak to an attorney about the recording laws in your state. You should also document any information that is relevant to taking care of your child such as taking them to the doctor or attending parent-teacher conferences. You may want to get a calendar to make notes about any scheduled visitation and write down any times when visitation is missed.
Judges make decisions regarding child custody and visitation on the basis of the interests of the child. A judge will often consider which parent spends the most time with a child when awarding primary custody to one parent and visitation to the other. Many states have enacted legislation that favors an award of joint custody since research suggests that children do when they spend as much time with each parent as possible. However, most judges recognize that joint custody is unlikely to work when parents cannot get along.
If a parent is not exercising their rights to visitation, a judge is unlikely to order parents to share joint custody since joint custody means that parents would be ordered to share equal parenting responsibilities. Judges recognize that forcing a child to spend time with a parent that is unfamiliar to them when there is not an established relationship is not in the child’s interests. In cases where a parent who has not had contact with a child previously wants to establish visitation, many judges will order graduated visitation where a child spends a few hours or a day with the parent before the visitation schedule transitions to overnight visitation.
Joint custody works when both parents get along and are able to discuss important topics like scheduling and religious upbringing without having an argument. Courts may order joint custody when there is sufficient evidence that parents are already sharing parenting responsibilities and are able to communicate well to co-parent their child.
Is there a set age when a child can decide where to live?
Divorces involve many kinds of choices that need to be made quickly. In general, as part of a divorce, one parent will move to another dwelling to begin a new life for themselves. The other person may move as well or they may decide to continue to stay in the existing family home. This decision can be extremely complicated if there are children involved in the divorce. Many parents wonder about their child’s ability to make their wishes known about where they would ultimately like to live. This is particularly true if the parent seeking any form of custody is no longer living in the home where the child grew up while the other parent remains in that home. A parent may want to keep primary or shared custody with the other parent but have concerns about the child’s overall feelings. Judges take into consideration many different factors when thinking about custody arrangements and deciding what is in the true interests of all children involved. One factor that has been of increasing importance in recent years is that the child’s personal wishes.
Judges Must Listen
Children are not adults in any legal sense. They are not capable of making decisions about their lives in many ways. However, states have recognized that children have vested interests that need to be protected during a divorce. Under law, judges in states other than Massachusetts are either legally required to listen to the child or may be allowed to do so in the process of making custody any decisions. Keep in mind that there may be specific precedents for doing so or there may be a body of case law that the judge can turn to help guide their decision. In most states is no set age at which the judge must pay attention to a child’s wishes as regards their living and custody arrangements. For example, Georgia sets this age at fourteen but this is not a hard and fast rule. It’s largely incumbent on the judge to consider what the child has to say about their lives and living conditions. A judge is perfectly free to bring a ten year old in the court and hear them out. The judge can also ask make other kinds of determinations such as the testimony of all the children in the family. If all other siblings wish to stay together but one does not, this can also be taken into consideration when deciding where each child should ultimately live.
A child’s personal wishes are given a great deal of weight during any custody hearings. But they are only one of many factors that will be brought to bear. The child may prefer one parent over another but that parent may have issues that may custody inadvisable. For example, the parent may simply not have the resources to support the child financially even if there’s a financial settlement by the other parent. However, if the couple is largely evenly matched, the judge may place great weight on the child’s testimony. They may ask the child to speak with other officials as well. For example, a judge may ask a child psychologist to evaluate the situation and determine how the child is reacting to the divorce. The child psychologist can help the judge make an important determination by offering a report in writing about the child’s present mental state.
Judges also recognize that, as a child gets older, it can be harder to ignore that child’s wishes. A teen who does not want to live with one parent has the financial and emotional resources to get to the other parent’s home on their own. The same is not true of younger children who may not yet know how they feel or understand the consequences of the changes that are coming to their lives. Judges have many years of experience with this issue. They may know that it is possible for children to be coached before showing up in court. Children who appear highly rehearsed rather than natural may give testimony that the court does not find credible. Keep in mind that, if there is a court session as part of the divorce case, the child is probably not going to be called upon to give formal testimony in a full court of law. Instead, they are likely to be heard in private by the judge in a quiet space free from any kind of other distractions
Bronx contested Divorce Lawyers and Divorce Attorneys
When filing for divorce, there are many issues of which couples have to consider. Among them are property division, spousal maintenance, child custody, and visitation concerns. In order to receive a divorce, both parties must agree to a resolution involving the marital assets. When an agreement cannot be reached by the parties involved, the divorce is considered contested.
In order to receive a fair and equitable distribution of assets, our Bronx contested divorce lawyers will review your case and protect your rights. Our firm goes above and beyond to protect your rights in the event that you or your spouse files for a contested divorce. If you or your spouse disagrees on the distribution of assets, filing a contested divorce will leave the decision in the hands of a judge.
Dealing with the issues that are involved in the contested divorce process can be a stressful experience for everyone involved. You may be dealing with uncertainty when it comes to child custody, visitation, support issues, or the division of the marital property.
If you are thinking about filing for a divorce, you will need a Bronx contested divorce lawyer that will fight for what is right for you and your situation. An experienced law firm will understand what you are going through and work hard to get what is due to you for the sake of your future. Your individual situation requires a law firm that will take the time to understand what you are going through and work toward a solution that benefits you.
Many divorces involve high net worth interests, valuable property, and most importantly, children. When children are involved in marital discord, how you take your next steps will affect their lives in every way. You must make the decision now to hire a law firm that will care and put every ounce of their energy into creating the possible outcome for your children.
Our firm’s experience lies in helping our clients achieve desirable outcomes for their situations. Our attention to detail with each case is second to none. We will help you achieve a successful contested divorce where your rights are protected. Your situation deserves attention from a Bronx contested divorce law firm that cares about what your family needs.
Filing for a contested divorce in New York is a complicated and sometimes lengthy process. Disagreements on the subjects of custody and financial support can prolong the process and complicate matters further.
When you first file for divorce, you have the opportunity to outline what you want from the entire process. When the documents are filed with the court, your spouse can review your complaint and respond with what they want or contest the divorce by disagreeing with your complaint.
You and your spouse can work through the issues within the marriage yourselves, but a responsible and dedicated law firm will help you navigate through the difficult divorce process. The law can be complicated for those who wish to file for divorce but have little to no experience in this area.
If you and your spouse agree on the division of assets, child support, and custody issues then you can file for an uncontested divorce without the help of an attorney. However, once either of you has a dispute with any of the above issues, the divorce is contested. You need an attorney behind you that will represent what you want to look for in your divorce outcome.
Divorces are a painful process but our belief is that an experienced divorce law firm will help you get what you want and minimize the grief. A Bronx contested divorce attorney can help you work out the issues that you’re facing so that you can achieve the possible outcome for you and your family.
The law is complicated but if you have the right people behind you fighting for you, you can turn a negative into a positive. Hiring a caring law firm to handle your contested divorce case is the possible solution to get what you want from the divorce. From the beginning when you hire our firm to represent your interests in a contested divorce, we will work hard to make sure that you and your family is protected.
What is a Contested Divorce in the Bronx?
A contested divorce occurs when one spouse wants a divorce and their spouse doesn’t. It can also occur when spouses want a divorce, but can’t agree on divorce terms. In both situations, there is a chance the couple must go to trial to resolve divorce terms. This means a divorce judge must decide the divorce terms.
The Reasons Cited for a Bronx Contested Divorce
New York divorce law requires a person wanting to get a divorce to have a specific reason, commonly called grounds. Grounds for a divorce is the only way to legally end a marriage when both parties don’t agree to terms of their divorce or to get a divorce.
1. A spouse cheated. This is called adultery. Adultery could be a one-night stand or an affair.
2. A spouse was cruel. Cruelty is defined as mental or physical abuse. For example, a person who files a divorce claim cites being hit by their spouse as the reason for wanting a divorce.
3. Spouse leaves. Abandonment means a spouse physically left or refused to have sex with their spouse for at least one year. For example, a spouse can sue for divorce based on abandonment if their spouse is sentence to prison and it’s been at least three years.
4. Spouse no longer lives at home. New York allows a spouse who is separated for more than a year from their spouse and has a separation agreement to file for divorce.
After a spouse files their divorce petition in court, it must be sent to the spouse being sued. The spouse who files for divorce the plaintiff. The spouse who receives the divorce summons is listed as the defendant. It is the defendant’s responsibility to file an answer with the court.
An answer is a response. This means that they must deny allegations made in the divorce petition. They can also include divorce defenses. Divorce defenses refute the allegations by citing a reason why the divorce should be granted.
For example, a spouse alleges their spouse committed adultery. The defendant can claim the plaintiff was also guilty of adultery. Another defense is that the offense was forgiven by the plaintiff after they found about the cheating. The defendant can show misconduct on the plaintiff’s part as a defense to the alleged grounds for divorce.
Resolving Divorce Terms in the Bronx
Resolving divorce terms is the only way to obtain a divorce. This means the spouses have to agree on terms of the agreement or have a divorce judge do it for them. The terms will vary according to the couple. For example, a married couple without children won’t have to determine if there are joint or sole physical and legal custody arrangements. The types of terms in a divorce agreement include, but not limited to:
1. Division of Property: Division of property outlines which spouse receives what property and assets that were obtained during the marriage such as vehicles and homes.
2. Spousal Support: Spousal support is a series of payments made from one spouse to their ex-spouse for a period of time.
3. Child support: The amount of money paid from one spouse to another to help raise their children.
Obtaining a Contested Divorce in the Bronx
New York law requires spouses be residents of the Empire State for a period of time before any divorce petition can be filed. The exact time depends on certain factors. Thus, the residency requirements may vary from one to two years. Once residence requirements are met, a spouse doesn’t have to wait for divorce.
It’s important if you are thinking about getting a divorce or ready to file a divorce petition to speak with a Bronx divorce attorney. A Bronx divorce attorney will advise you of your rights and responsibilities while going through the divorce process. In addition, they will file the divorce petition on your behalf along with any emergency orders such as temporary spousal support or restraining orders.
Bronx Divorce Lawyers and Divorce Attorneys
Should I Get Another Attorney to Get My Divorce Finalized?
In a divorce, it is important that you have competent legal representation to ensure that you get the possible deal. However, it doesn’t mean that you have to stick with one attorney throughout the entire process. Furthermore, you may not want to use an attorney who may have represented your spouse in the past or anyone else who isn’t versed in family law matters.
Why Getting a Family Law Attorney Matters
You want someone who understands the nuance of legal matters such as divorce as well as someone who has experience trying these types of cases. Although an attorney you may already have a working relationship may have a general understanding of the law, he or she may not have the relationships with judges that a family law attorney would have. He or she may also not have relationships with mediators or other outside experts who may be of value in a divorce case.
Why You Don’t Want Someone Who May Have Represented a Spouse in the Past
If you decide to work with an attorney who has represented both you and your spouse in the past, you don’t know where his or her loyalties are. Ideally, you want someone who is focused on your needs and resolving the case in your interest. Therefore, it may be necessary to replace someone who you have worked with in the past with an attorney who has no previous ties or allegiances to anyone but yourself.
Is It Ever a Good Idea to Change Attorneys During a Case?
There are times when it may be a good idea to change your attorney during a divorce case. For instance, if you can no longer afford your current counsel, you may be allowed to make a change in an effort to fight your case in a proper manner. It may also be necessary to make a change if you find that your attorney isn’t acting in an ethical manner. This may mean that he or she fails to file motions in a timely manner or is taking other steps that are not in your interest. In some cases, it may be possible to take action to get some or all fees paid returned to you.
Is It Worthwhile to Have Two or More Attorneys?
Typically, you only have one attorney working on your case as a matter of convenience and to keep costs down. However, if you have a high net worth or other factors that complicate your case, you may benefit from having more than one attorney representing you. If you do have multiple representatives, make sure that they work together well to avoid delays that arise when you have to change attorneys.
If you are going through a divorce, it is important that you have people on your side making sure that your legal rights are respected. In some cases, this may mean switching your legal counsel midway through a case. Although it may feel awkward to do so, it is your right, and you should always put your interests first in any legal matter.
Who is responsible for sending you a copy of the divorce? Your Bronx divorce lawyer?
Once the divorce process and the papers have been finalized and signed, both involved parties have the right to a copy of the settlement. There are a number of reasons that it’s important to have a copy of your divorce papers. If the judge signed the papers, each party still receives a copy of the papers.
If you have an attorney, then typically your attorney is responsible for sending you a copy of the divorce. The copy of the final divorce judgement, is something which is a government filed document. That means, if needed, you can go to Clerk in the county in which the divorce was filed, and consequently get a copy of it.
If you are unable to go there, you can provide authorization to an agent – who can then get you it. The agent acts on your behalf, and gets the copy for you. Typically, when a divorce is filed, the court will send/give, either you, or your attorney, a copy of the judgement. It’s important to keep it safe for future usage.
Your divorce attorney should receive a copy, as should your spouse’s attorney. Attorneys are required to make sure their client has the advice about their case. One of your attorney’s responsibilities is to ensure you’ve received a copy of your divorce papers.
Divorce papers are the definitive proof that the divorce is finalized. In addition, the papers function as a contract. Both parties have their responsibilities and rights legally outlined. Both divorced people must keep copies of their divorce papers to ensure they understand their responsibilities and rights.
It’s important that you be familiar with your divorce agreement. Both you and your ex-spouse need to comply with the terms outlined in the agreement. Failure to comply could result in you being held in contempt of court. If you’re confused about any aspect of your divorce, you need to ask your attorney to clarify.
For couples with minor children, child custody will be an issue addressed in the papers. Child custody is often the most complex and hotly debated issue in the divorce. You should have an understanding of the custody schedule. All the listed requirements must be followed. Again, failing to follow these requirements might cause you to be held in contempt of court. Having the divorce papers also lets you ensure your ex-spouse complies with their portion of the agreement.
The majority of divorce papers will create terms about which parties receive which assets and debts. All assets and debts need to be divided in a divorce. Most states have a 50/50 clause in which each spouse receives 50 percent of the assets.
At times, your divorce papers might be a required legal document. You’ll have to show them to establish that you have the rights to certain property possession. Alternatively, you might use them to prove that you’re no longer responsible for certain debts. Your papers must set clear terms for all debts and assets. Make sure there isn’t any confusion.
People who are divorcing should get the representation of an experienced attorney. Divorce attorneys will help with every step of the process. They’ll explain what paperwork needs to be filed and where to file it. They’ll handle all the details regarding your assets, making sure everything is accounted for. If you and your spouse don’t get along, they’ll be your main negotiator.
Divorce attorneys are familiar with the unique divorce laws within your district. They can make sure your final agreement is compliant with all laws. A divorce agreement is a legal contract. As such, it needs to be approached like any other legal agreement.
There are some aspects of the divorce agreement that might be changed as circumstances change. These include issues about child custody and child support. Child support payments are often modified if there is a significant change in the income of one of the spouses, or a significant change in the needs of the child.
If you want to pursue a modification of your divorce agreement, you should talk to a divorce attorney. They can review your agreement and circumstances. They’ll explain your options and advocate for potential changes to be made to the agreement. A judge can then consider the case and decide whether or not the circumstances warrant any modification.
Working with an attorney during the actual divorce process is also important. Your attorney will help explain the options available to you. When you have a clear understanding of your choices, you can make the one for you. In ideal circumstances, both spouses in a divorce agreement feel they have gotten what they want. You should be able to live an independent life away from your spouse.
Divorce is a process that’s often fraught with emotion and stress. This, combined with the complicated rules and regulations, can make it seem overwhelming. Many people don’t know where to begin when it comes to divorce proceedings. A divorce lawyer‘s entire job is to understand the divorce process inside and out. They’ve dedicated their life to knowing the court procedures, and they can help streamline the process.
A good attorney will help their client make informed decisions about what they want. They’ll also negotiate for their client’s wishes.
How does annulment affect custody and child support?
What are the major differences between an annulment and a divorce? Does it affect the responsibility of the parents to pay child support? An annulment differs from a divorce in that when a divorce is granted, the law recognizes that there was a marriage. When a marriage is annulled it is as if it never existed. However, the court will address custody, child support, and visitation when children are born of an annulled marriage.
Children of Annulled Marriages
Although most marriages are annulled not long after the wedding, sometimes it can be several years later. Annulments where children are involved are rare and they are generally granted only for a few reasons. They can include:
- The marriage was not consummated.
- One partner was underage.
- One partner was of unsound mind.
- One of the spouses was forced into getting married.
Although these are reasons for seeking an annulment, it is not a simple process. The reason for the annulment will have to proven and a lawyer needs to be consulted. This does not release either spouse from the financial responsibilities of caring for children that were born while they were married.
Legal Recourse for Child Support
Children born to a couple seeking an annulment will generally go through the same type of procedures as couples seeking a divorce. The courts will decide which parent will receive custody of the child or children based on their interests.
Child support will be decided in the same way it would if the couple were actually getting divorced. The children are not considered illegitimate even though an annulled marriage is viewed as never having happened. If one of the parents does not provide the financial support that is ordered by the court, it will be enforced the same as any child support order.
Visitation will be addressed in the same way. A formal order will be issued by the court stating the decisions made addressing all of these issues. Even though the marriage will be viewed as never having happened, the children will still have the same rights including inheritance rights as children of divorce.
Generally when there are children involved, the annulment process will be a bit more complicated than if there were no children. It can take longer and some states may require that a paternity test be performed to ensure parentage.
The standards above are just the basic ones for an annulment. Some states and counties may have different rules and time lines. Often the annulment must be filed within two years of the date of the marriage although some states may require less time. It is to consult an attorney to be certain of the laws of your state regarding annulment especially when there are child support and custody issues involved.