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Family law is a practice area that deals with legal matters about the family. These legal issues can be overwhelming and confusing. Family court lawyers realize the sensitive nature of each legal matter. They will provide you with help in navigating the complex rules, regulations, and court procedures of family law.
The Family Court of the State of New York presides over cases involving family issues in Nassau County. Family court lawyers can provide you with solid legal advice on the following family court cases:
Two people may have their own separate money and property before marrying. A prenuptial agreement is a legal contract between the future married couple. This legal contract names the property owned by each future spouse. The contract explains the division of the assets and debts after a marriage ends. The prenuptial agreement will also clarify the wishes of spouses after their death.
If you do not have a prenuptial agreement, your state will determine the division of the assets. You may be responsible for the other spouse’s debts. Lawyers can help you draft a valid prenuptial agreement. It will meet the requirements of your state.
A separation agreement is a contract between a married couple. It explains their separate living arrangements. This agreement outlines the division of assets and property before a divorce. It also addresses issues on the children. Here are some reasons to have a separation agreement:
• Decide whether to share credit cards or financial accounts
• Occupant of family home
• Dividing of expenses
• Temporary custody of children
• Visitation of children
Divorce is a court order ending a marriage. The Centers for Disease Control and Prevention (CDC) claim that 45 states reported 813,862 divorces in 2014. The Supreme Court for the State of New York handles divorce cases for its residents. There must be a separation of 12 months before the judge grants a fault or no-fault divorce in New York State. There are some reasons to choose a fault divorce:
• Cruel behavior from the other spouse
• Relationship with a person outside of the marriage
• Prison sentence for a certain amount of time
• Desertion for a specific number of years
• No sexual activity with spouse
Family Court for the State of New York handles all the other issues of divorce:
Lawyers can help spouses deal with difficult decisions throughout their divorce proceedings. Legal professionals have knowledge, experience, and skills, which can resolve some tricky issues.
Sometimes one spouse requests financial support from the other spouse. The court calls this spousal support. A spousal support case starts in family court. There are some things the judge will want to know to grant spousal support:
• number of years married
• the age of each spouse
• health of each spouse
• education and training of each spouse
• contributions made to increase the earning capacity of the other spouse
The spousal support order will terminate once the couple receives a divorce. The judge will decide whether to continue the spousal support. If the judge grants the order, the spousal will continue to receive maintenance (spousal support) until a specific date or death. The order will also end if the spouse requesting the maintenance remarries. Attorneys with experience in family law can help both spouses make the right decisions for this matter.
The family court issues orders for child support. When both parents are living apart, a child will receive financial support from them. Child support ends when the child is 21 years old. If the child decides to work or marry before the age of 21, the financial obligation of both parents will terminate. Legal professionals will be able to assist both parents with the rules and court procedures concerning this matter.
Child Custody and Visitation
Child custody in New York involves several types of law. Legal custody is when one or both parents make important decisions concerning the child’s well-being. These decisions can involve education and health. A parent can have physical custody. This means the child lives with one parent the majority of the time. The child lives with the other parent at other times. Joint custody is when the child lives with each parent at equal times. Sole custody is when only one parent has custody of the child.
Nassau Family Court Lawyers will provide families with help on the court procedures of family law. They will also help parents make decisions, which are in the best interest of their children.
Nassau County Family Law
Family law (https://www.hg.org/family.html) is defined as a series of laws and case precedents that govern the responsibilities of people who have a domestically connected relationship. Family law remains an increasingly stressful type of law because the individuals involved are linked emotionally as well as financially. For that reason, a person having legal family issues is greatly advised to retain a lawyer who is well versed in this specialized type of law.
What Situations May Cause a Person to Need a Family Law Expert?
Most of the people who need a family law lawyer do so because of the end of a romantic relationship or marriage. Some of the issues a family law counselor assists a person with include:
- Child custody.
- Visitation rights.
- Child or other types of support.
- Division of property.
People married for a short period may desire an annulment. Two sex-couples and single sex couples sometimes need divorces. Even people living together may need a lawyer if they break up with a long-time partner or if children are involved.
While some couples can live with their state’s default laws about dividing property or gaining support for you or your children, many couples don’t go along with the basic state requirements. In fact, many individuals need a lawyer to represent them through a relationship’s dissolution, especially when there are children involved. Even in uncontested divorces, a lawyer can help ensure that their clients get what they deserve.
Family Law Lawyers Protect Your Rights
During the process of a contested divorce, the spouses especially need legal representation to ensure their rights are protected. The lawyer may be able to discover hidden assets, aid the couple in determining visitation and can help take a client’s spouse to court if all negotiations fail.
Family law also exists to prevent physical and emotional abuse between spouses. In fact, having legal representation also prevents physical and emotional abuse between a spouse and children or a spouse and elderly family members. A good lawyer may determine that the situation needs a restraining order for the further protection of the parties involved.
What Types of Questions Can Your Family Law Lawyer Answer for Their Clients?
The government has always been involved in the legal matters of families and children to protect their rights. For that reason, there are many laws regarding the family. Some of the family law questions a lawyer can assist their clients with (https://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_3.authcheckdam.pdf) include:
- Is my relationship legally valid? When did it become valid?
- What are a couple’s personal and financial responsibilities individually and towards each other?
- How can I continue to provide a stable living situation for my children?
- How can I support myself? I have been raising children and not working outside the home for years
- Can I get financial assistance to help raise the children?
- Who will have custody of my children?
- Who will influence my children’s religion, education and take care of their health care?
- Does he or she have to have our children if he or she is unfit?
- How much child support or alimony does a spouse need to pay?
- Is my spouse hiding income or assets to avoid paying child support or alimony?
- What happens if my spouse doesn’t pay alimony or child support?
- What happens if my former spouse tried to abduct my children?
- What are a step parent’s rights and duties?
- I think my elderly parent is no longer able to care for themselves? What can I do to keep them safe?
- Can you help my situation? I’m in an LGBT relationship.
- My spouse is abusive. How do I safely leave this relationship?
The family law experts at Spodek Law Firm (www.nycdivorcelawyers.com) specialize in family law. They have helped their clients through many different issues. They mediate between family members to ensure everyone’s rights are preserved and that justice is served. Contact the honest, respectful lawyers at Spodek Law Firm today. The initial constellation is free.
If you need protection from your spouse, we can help you get legal representation or a restraining order. If your spouse isn’t paying child support or alimony, we can help provide for your family. No matter what the situation, our office has the skills to answer your question and to show you what steps you take next.
Family Law Issues: A Closer Look
The U.S. Department of Health and Human Services Administration for Children and Families Office of Child Support Enforcement is the agency that enforces child support. In the state of New York, the minimum amount of child support per child payable by a noncustodial parent living below the poverty level is $300 per child. In cases where joint custody is awarded and each parent already provides equally for the children, no child support orders would be necessary.
Some of the factors the court considers when deciding to award child support are: the number of children involved, the income of each parent, spousal support, medical insurance premiums, and costs for daycare while the custodial parent works. The New York Unified Court System provides a Child Support Worksheet Form UD-8(3) to assist you in properly calculating your financial obligations to your children.
Orders of Protection
If you’re suddenly hit with an order of protection, our family law attorneys can help you uphold your rights to visit with your children. Our family law office will work hard for the best possible result in your case. Your children have the right to have access to both parents.
Our family law lawyers can help you demonstrate paternity. If properly executed, this determination can be the catalyst of modifications of existing child custody and child support orders in your favor.
People who are engaged to get married can plan ahead in areas such as joint assets (including as bank accounts or real property, and determine in advance what will constitute community property and separate property). They have the ability to determine how expenses will be shared during the marriage and how premarital debts will be dealt with. All of these details can be captured in a Prenuptial Agreement. A Prenup can be a smart idea, specifically in situations where one or both of the finances owns property or other significant assets going into the marriage.
It is wise for each party to have their own attorney to represent them in negotiating a Prenuptial Agreement.
To prepare for your initial consultation, take a look at our website and give us a call at 888-608-3420 today. Compile a list of your concerns. Our family law firm has a reputation for being caring, honest and on-the-job. We can help you protect your personal and family rights while gaining the financial and legal aid you require creating a secure future for your future and the future of your children or other family members.