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10 Random Family Law and Divorce FAQS

08th June 2011
By Ashley Hahn in Family Law
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Family law encompasses a wide range of family related issues including prenuptial agreements, adoption, child custody and visitation and divorce to just name a few. In our modern society one doesn't have to look further than the media to see the complications of modern life are not necessarily keeping up with the abilities of the court to regulate and offer relief. Issues such as property division when a couple has lived as man and wife without the legal recognition marriage can offer an eye opening experience as judges can not treat the property obtained during the relationship as marital assets and a whole new set of rules, which may seem less accurate and less fair, but none the less apply.

Mortgage And Co-Habitation
Often, when two partners start to live together, they will move into a house that one of the partners already owns. This can be difficult if the couple were to split up, because the party who had no ownership over the house would want some recompense if they had to move out. Now, more couples are using a lawyer to draw up living arrangement contracts or to help them make the mortgage a joint contract.

When considering an award of alimony, a Florida court can examine any factor, including the adultery of either spouse, the length of the marriage, and the employment prospects of the spouse who would receive the alimony. Alimony is not the same as child support and is evaluated as an entirely separate matter. In Florida, the alimony issue must be decided before the court establishes child support.

Lump sum alimony is one large payment paid directly from the distribution of the marital assets. It may consist of money, the marital home, a combination of the two, or other assets. A court might opt for lump sum alimony instead of permanent periodic alimony if there is extreme hostility between the spouses to the degree that an ongoing arrangement is not practical or in the event that one spouse is ill and is expected to die prematurely.

Be sure that you can learn as much as possible about all of the options and alternatives that are available to you as either a minor or someone involved in a relationship that would bring you into court under this group of rules.

Legal Aid Societies - Your state or county should have a legal aid society. If you find that the cost of retaining counsel is prohibitive, consider contacting your local chapter for help. Some will offer their services for free or "pro bono." Some attorneys will charge you based on a sliding scale, taking into consideration your ability to repay. For parents with limited means, this can be a terrific option.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child's education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

There are so many rules, regulations and intricacies when it comes to Los Angeles family law, so you need to ensure that the firm you choose, or the individual Los Angeles family law attorney , explores all of your options and presents them to you in an easy to understand and compassionate manner. They need to be with you every step of the way, from the initial interview right through until the case is settled and finalized. Your family will have their own set of individual circumstances, and although some divorces and family law matters are fairly straightforward, the majority are not. Getting the right Los Angeles family law firm to take care of your individual needs is therefore, of the utmost importance.

There may be some legal issues if the two of you decide to part ways after a long period of sharing the same residence. Depending on the state you live in however, the laws surrounding common law marriages and partnerships may vary.
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