Family Law Services
Experiencing divorce is a tough ordeal in itself, but it is even more emotionally taxing when children are immersed in the process. In the law office of Brian Walker Law Firm PC, we are professionals in all elements of family law, whether it’s mediation, alimony or child custody. We are a trusted family law firm recognized for winning cases and creating favorable legal settlements to our clients’ divorce or child custody cases.
Our winning legal team in Vancouver can offer you these family law services:
How are divorce and annulment different?
An annulment is a procedure that basically removes a marriage. Officially, an annulment asserts that a marriage never existed and is invalid. A divorce is the conclusion of a lawful marriage and restores both parties to single status. Based on the state, divorces can be more difficult than annulments, particularly when also connected with custody.
Causes for annulment in every state cover:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical inability
- Inability to sexually validate marriage
- Underage marriage
With divorce, there are two legal types: no-fault and fault. A no-fault option allows the cessation of a legal marriage in which neither party admits blame for the split. A fault divorce is established when one spouse can demonstrate adequate reasons.
Legal justification for a fault divorce in every state consist of:
- Physical/emotional mistreatment
- Substance abuse or other addictive problems
Separating assets and liabilities
Marital property is made up of all the assets and financial responsibilities that were sustained during the marriage. It normally will not matter whether or not the asset or liability is legally owned by 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 defend assets, businesses, avoid taking on the other party’s debt, illuminate financial responsibilities, determine how the property will be passed upon death and evade long, expensive divorce quarrels.
Alimony is a monthly spousal support payment made by one spouse to another in accordance with a payment or court choice. Alimony is provided to correct any unequal economic effects instigated 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 circumstances of formal spouses, the quality of living during the marriage, the period of time the beneficiary would require 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 settled based on the best interests of the child and sometimes these choices are very difficult for parents to make.
The best of interest of a child is determined by the ensuing circumstances:
- The child’s age, gender, mental and physical health
- Physical and mental well-being of parents
- Lifestyle and social elements
- Love and emotional ties between parent and child
- Parents’ ability to provide food, shelter, clothing and medical care
- Quality of schools in location
- Child’s inclination if over age 12
- Capacity and willingness of parent to nurture a good relationship between child and another parent
- Environmental stability
Types of custody arrangements:
- Legal custody: The right and responsibility to make decisions about child rearing. This includes education, religion, medical care and punishment. When given joint legal custody, parents share these rights.
- 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 different than 50/50.
- Sole custody: Sole custody arrangements provide one parent with complete custody rights and allow the other only visitation rights.
- Joint custody: This custody allows parents to synchronize their schedules and share decision-making responsibility.
- Bird’s nest custody: This happens when the child lives in one home and parents interchange in and out of the home and take turns caring for the child.
Child support is a prearranged sum of money that is usually paid monthly to the partner who sustains primary custody of the child. Child support is designed for basic needs like food, housing and clothing, health insurance medical care and educational costs. Child support is chosen based on each parent’s monthly income and costs. Centered on this financial evidence and the amount of time each parent dedicates to the child, the court uses a formula to decide on child support.
Family law mediation
Family law mediation is used to clear up family conflicts. With family mediation, an impartial third party mediator encourages two parties to reduce their disputes as they reach a settlement. Family mediation can save the parties’ time and costs connected with the trial, but the verdicts may not be legally necessary.
If you are divorcing on the grounds of physical or verbal abuse, you can shelter yourself and your children with security and restraining orders from Brian Walker Law Firm PC. These orders keep you disconnected from the abuser in order to stay unharmed. Though a protective order can’t fully eradicate the potential that someone will stalk or injure you, it will enable you to call the police and have the abuser arrested should they disobey the mandatory guidelines of the order.
This normally discusses a parent’s right to make choices apropos to a child’s education, health care and religion. Allocating rights and responsibilities can be difficult, especially when it comes to the parental liability of any pernicious or criminal conduct of your child. You are only responsible for your children’s behaviors until they are 18.
If other options haven’t worked for you, adoption is a wonderful way to create a family. The adoption process in Vancouver can be long, complex and frustrating, but an attorney from Brian Walker Law Firm PC can steer 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 you come to the best solution.