Are you suffering from separation anxiety? Divorce is a significant life change that can be painful, but it doesn’t have to be overwhelming. At Divorce Lawyer’s Group, our law experts have extensive experience in family law and understand what you’re going through. Contact us today for a free consultation, and let us fight for what you deserve. We’ll turn a complex and challenging process into a more manageable journey towards your new and more fulfilling life.
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A Divorce or a Legal Separation?
The termination of marital status requires a court case for either a divorce or a legal separation. Over 95% of divorce cases are resolved through settlement, with less than 5% decided through an actual trial. At Divorce Lawyer’s Group, our law experts are focused on ensuring that you enter your separation process from a position of strength so that you end up with what you deserve, either in a settlement or a court case.
Legal Separation
In the case of a legal separation, both parties must agree to the terms of their financial obligations and custody issues while enabling the marriage itself to remain in place. At Divorce Lawyer’s Group, our law experts have extensive experience in complex family law cases and are laser-focused on getting you the terms you require for your legal separation.
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Divorce
Our law experts have extensive experience and the knowledge to handle even the most complex divorce cases. At Divorce Lawyer’s Group, we understand that a favorable settlement can be achieved in even the most challenging divorce cases. Our law experts have the experience to succeed in the courtroom but are always focused on conflict resolution to enable a favorable out-of-court settlement.
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Asset Division
One of the most contentious issues when going through a divorce process is the division of marital property.
During your marriage, all your property is owned jointly between spouses. Each party owns 50%. For example, each spouse has 50% legal ownership of the balance of joint bank accounts.
When a divorce is filed, the division of assets becomes one of the main issues to resolve. Some marital property is easily divided in half, like bank accounts. But other assets are not as easily divided. For example, when it comes to homeownership, each spouse shares 50% ownership interest, but it's unlikely that at least one of the spouses will continue to live in the home. This means that the court will have to find a way to evenly divide this asset, usually by selling the home to split the proceeds 50/50.
In some cases, the ownership of some marital assets can be murky. For example, property acquired by a spouse before the marriage may not be considered marital property. This could cover assets inherited before the wedding and are not considered joint property after the marriage unless specified in an agreement.
At Divorce Lawyer's Group, our law experts have extensive experience in complex cases and will make sure that you enter into asset negotiations from a position of strength so that you receive what you deserve and keep more of what's yours.
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Child Custody
During a divorce or even a legal separation, child custody is often one of the most contentious issues.
Couples that separate or divorce may find it difficult to agree who should get custody of the children, what type of visitation arrangements work for all parties, and what is in the children's best interest.
Our law experts at Divorce Lawyer's Group understand that a long and drawn-out custody battle can harm children. Our expertise in complex family law and divorce cases facilitates a speedier resolution in order to resolve your custody matters while ensuring that we advocate for your child's best interests.
How Is Child Custody Decided?
When the separating spouses cannot reach a child custody agreement, it means that a judge will make the decision based on the child's best interests.
Factors That Can Affect Child Custody:
- The ability of the parents to care for the child/children
- The parents’ living situations
- The child's relationship with each parent
- Any history of domestic violence or child abuse
- The health and age of the child/children
Different Types Of Child Custody
While no two custody cases are the same, by and large, most jurisdictions will recognize two main types of child custody: Physical custody and legal custody. The kind of custody awarded to each parent will be decided by a judge with the child's best interests in mind.
Physical Custody
It is considered physical custody when a parent lives with the child almost exclusively. If the child primarily lives with one parent most of the time, that parent is regarded as having "sole physical custody." However, if the parents, or a judge, decide that it's in the child's best interest to divide his time living with each parent, then it's known as "joint physical custody."
The law experts at Divorce Lawyer's Group have decades of experience in helping resolve complex family law cases and will help you ensure that your child is awarded the type of physical custody that is in his best interest as well as yours.
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Legal Custody
Another type of child custody is Legal Custody. A parent with legal custody can make critical legal decisions on behalf of the child regarding education (i.e. where the child goes to school), medical decisions (what doctor or dentist the child will see), passport issuance, extracurricular activities, and even religious affiliation.
If the judge decides that one parent is not fit to make decisions on behalf of the child, then only one of the parents will be granted sole legal custody.
If both parents are considered fit parents, then a judge may decide they should share joint legal custody and therefore be allowed to make joint decisions in the child's best interests.
To help you navigate the complexities of legal separation, divorce, asset division, and child custody, contact the legal experts at Divorce Lawyer's Group for a free consultation today and make sure that you enter this process from a position of strength.
Contact Us Today For A Free Consultation.