Family Law Services
If you are undergoing a divorce, you know how emotional the process can be, particularly when children are involved. Here at the legal office of Brian Walker Law Firm PC, we are experts in all parts of family law, whether it’s mediation, alimony or child custody. Brian Walker Law has a reputation for winning cases and finding the best settlements.
Our winning legal team in Camas can provide you the subsequent family law services:
How are divorce and annulment different?
An annulment is a procedure that essentially erases a marriage. Legitimately, an annulment states that a marriage never existed and is non-existent. A divorce is the conclusion of a legal marriage and both parties go back to single status. Contingent on the state, divorces can be more complex than annulments, especially when also concerning custody.
Causes for annulment in every state encompass:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical incapability
- Inability to sexually validate marriage
- Underage marriage
With divorce, there are two legal types: no-fault and fault. A no-fault choice allows the cessation of a valid marriage in which neither party takes blame for the split. A fault divorce is established when one spouse can verify acceptable grounds.
Reasons for a fault divorce in every state include:
- Physical/emotional assault
- Substance abuse or other addictive problems
Allocating assets and liabilities
Marital property is made up of all the assets and financial responsibilities that were sustained during the marriage. It usually will not matter whether or not the asset or liability is under the name of one spouse or both.
Marital property includes:
- Bank accounts
- Retirement accounts
- Real property
- Business interests
- Airline miles
- Credit card debt
A prenuptial agreement (prenup) is a common legal step taken before marriage. It institutes the property and financial rights of both spouses in the occasion of a divorce. Prenups are used to shelter assets, businesses, avoid taking on the other party’s debt, clarify financial accountabilities, determine how the property will be passed upon death and evade long, expensive divorce quarrels.
Alimony is a monthly spousal protection payment made by one designated spouse to the other in accordance with a settlement or court choice. Alimony is given to fix any unfair economic effects caused by a divorce, for instance, if one spouse is non-wage-earning or lower-wage-earning. Alimony is resolved by the age, emotional state and financial condition of official spouses, the quality of living during the marriage, the period of time the recipient would need to become autonomous, the length of the marriage and the ability of the supported spouse to support him or herself while paying alimony.
Child custody will always be determined based on the well-being of the child and sometimes these decisions are very difficult for parents to make.
The best of interest of a child is determined by the consecutive factors:
- The child’s age, gender, mental and physical health
- Health of parents
- Lifestyle and social factors
- Love and emotional connections between parent and child
- Parents’ capability to produce food, shelter, clothing and medical care
- Quality of schools in the area
- Child’s preference if over age 12
- Skill and willingness of parent to nurture a good relationship between child and other parent
- Environmental stability
Types of custody arrangements:
- Legal custody: The privilege and obligation to make choices about child rearing. This includes education, religion, medical care and punishment. When given joint legal custody, parents share these privileges.
- Physical custody: The right of a parent to have a child with him or her. Most courts order joint physical custody, though the time-split is often not the same as 50/50.
- Sole custody: Sole custody arrangements give one parent total custody privileges and allow the other only visitation rights.
- Joint custody: This custody allows parents to coordinate their schedules and share decision-making privileges.
- Bird’s nest custody: This occurs when the child remains in one home and parents alternate in and out of the home and take turns providing the child.
Child support is a prearranged amount of money that is normally paid monthly to the spouse who holds primary custody of the child. Child support is planned for basic necessities like food, housing and clothing, health insurance medical care and educational expenditures. Child support is determined based on each parent’s monthly income and costs. Focused on this financial evidence and the expanse of time each parent dedicates to the child, the court uses a formula to regulate child support.
Family law mediation
Family law mediation is used to solve family disputes. With family mediation, an unbiased third party mediator helps two parties to smooth out their conflicts as they reach a decision. Family mediation can save the parties’ time and expenses linked to trial, but the conclusions may not be legally binding.
If you are divorcing on the justification of physical or verbal cruelty, you can defend yourself and your children with protection and restraining orders from Brian Walker Law Firm. These orders keep you detached from the abuser in order to stay safe. Though a protective order can’t fully eradicate the possibility that someone will stalk or harm you, it will enable you to call the police and have the abuser incarcerated should they violate the binding rules of the order.
This usually denotes a parent’s right to make conclusions concerning a child’s education, health care and religion. Allocating rights and responsibilities can be difficult, specifically when it comes to parental accountability of any pernicious or criminal actions of your child. You are only liable for your children’s behaviors until the age of 18.
Are you considering adoption in order to start or complete your family? The adoption process in Camas can be long, complex and frustrating, but an attorney from our firm can guide your family through it. Whether you’re an expecting mother considering adoption or a parent who wants to adopt a child of their own, we can help your dreams come true.