Family Law Services
Experiencing divorce is a frustrating experience in itself, but it is even more frustrating when children are involved. At the law office of Brian Walker Law Firm PC, we are experts in all elements of family law, whether it’s mediation, alimony or child custody. We are a trusted family law firm acclaimed for winning cases and achieving the best legal resolutions to our clients’ divorce or child custody cases.
Our leading legal team in Longview can provide you the following family law services:
What is the difference between divorce and annulment?
An annulment is a procedure that virtually expunges a marriage. Lawfully, an annulment states that a marriage never existed and is illegal. A divorce is the conclusion of a lawful marriage and returns both parties to single status. Based on the state, divorces can be more of a process than annulments, particularly when also dealing with custody.
Justification for annulment in every state cover:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical inability
- Inability to consummate marriage
- Underage marriage
With divorce, there are two legal types: no-fault and fault. A no-fault selection allows the dissolution of a lawful marriage in which neither party takes blame for the separation. A fault divorce is established when one spouse can verify adequate grounds.
Legal justification for a fault divorce in every state consists of:
- Physical/emotional mistreatment
- Addiction to drugs, alcohol, gambling, etc.
Dividing assets and liabilities
Marital property comprises all the assets and financial responsibilities that were sustained during the marriage. It usually will not matter whether or not the asset or financial responsibility 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 standard legal step taken before marriage. It clarifies the property and financial rights of both spouses in the event of a divorce. Prenups are used to protect assets, businesses, circumvent taking on the other party’s debt, bring forth financial accountabilities, regulate how the property will be passed upon death and evade long, expensive divorce disagreements.
Alimony is a monthly spousal protection payment made by one spouse to another in correspondence with a deal or court choice. Alimony is given to fix any unequal 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 situation of formal spouses, the standard of living during the marriage, the amount of time the recipient would require to become independent, 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 granted based on the happiness of the child and sometimes these choices are extremely difficult for parents to make.
The best of interest of a child is settled according to the following points:
- The child’s age, gender, mental and physical health
- Health of parents
- Lifestyle and social elements
- Love and emotional connections between parent and child
- Parents’ capacity to provide food, shelter, clothing and medical care
- Quality of schools in location
- Child’s preference 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 prerogative and responsibility to make choices about child rearing. This includes education, religion, medical care and discipline. When bestowed 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 not the same as 50/50.
- Sole custody: Sole custody settlements give one parent total custody privileges and allow the other only visitation rights.
- Joint custody: This custody enables parents to synchronize their schedules and share decision-making privileges.
- Bird’s nest custody: This happens when the child lives in one home and parents alternate in and out of the home and take turns providing the child.
Child support is a pre-determined sum of money that is normally paid monthly to the partner who sustains primary custody of the child. Child support is planned for basic needs like food, housing and clothing, health insurance medical care and educational expenditures. Child support is settled based on each parent’s monthly income and expenses. Based on this financial information and the extent of time each parent devotes to the child, the court uses a formula to decide on child support.
If you are divorcing on the account of physical or verbal maltreatment, you can secure yourself and your children with safety and restraining orders from Brian Walker Law Firm PC. These orders keep you disconnected from the abuser in order to stay safe. Though a protective order can’t fully eradicate the prospect that someone will stalk or injure you, it will enable you to call the police and have the abuser incarcerated should they break the binding rules of the order.
This generally denotes a parent’s privilege to make decisions concerning a child’s education, health care and religion. Deliberating rights and accountabilities can be difficult, especially when it comes to parental accountability of any pernicious or criminal behaviors of your child. You are only liable for your children’s actions until the age of 18.