Family lawyers specialize in handling legal matters that affect families. They may work for government agencies, private law firms or community legal centers; while some specialize in advocacy or public education. Others operate their own practices.
Divorce
Divorce can often be the only option when two spouses cannot reach an agreement on issues like custody and visitation, support arrangements or property division. While some states allow couples to proceed "pro se", working with an experienced Werribee family law attorney who can provide legal advice and guidance during difficult legal matters is usually best.
Service of process on the other party is usually the initial step in any divorce case, and can be accomplished either personally or by mail. Once completed, filing of divorce papers in court should follow next.
Most divorce cases settle outside of court, and we specialize in handling complex parenting disputes and property settlements - even those involving international assets. Furthermore, we can assist with independent valuation of properties to ensure an equitable split of marital estate.
Child Custody
Child custody is one of the most crucial concerns when it comes to ending a marriage, as it will determine where a child resides and who makes key decisions about his or her upbringing. Courts consider various factors when making custody arrangements.
Legal custody determines which parent has the legal authority to make non-emergency decisions on behalf of a child, such as their school attendance, religious ceremonies/practices attended and any medical needs. Legal decision-making may be shared among both parents (joint legal custody) or sole legal custody can be awarded exclusively to one.
Physical custody determines which parent will provide housing and care for a child. When awarding physical custody to one parent or both parents, or awarding joint physical custody with approximately equal time with each, courts typically give most weight to that parent's ability and desire to care for the child as well as taking into account his/her relationship with both parents as well as extended family members.
Prenuptial Agreements
Prenuptial agreements address two primary concerns for couples entering marriage: division of property if the couple separates or divorces and an outline for spousal support (also referred to as alimony). An attorney can help identify which assets would be considered separate property that do not need to be divided upon separation/divorce; they can also review any tax implications associated with various provisions and suggest changes if needed.
Prenuptial agreements can serve to protect new spouses from their partner's previous financial difficulties, as well as from IRS levies that might arise prior to marriage. Without one, state laws dictate how property should be divided upon separation or death - so having the assistance of a Werribee family lawyer in making sure an agreement abides with local regulations can be invaluable in terms of protecting inheritance rights or any other legal issues that might arise during or after marriage.
Property Settlements
As part of their divorce or separation proceedings, assets (and liabilities) belonging to each partner must be divided. These may include the family home, cars, shares, bank accounts, debts, art collections furniture IRA cash values and life insurance policies. Usually this can be accomplished through negotiation and agreement outside court.
Judges or arbitrators who make property settlement decisions take into account each party's future financial needs, taking into account age, health, income earning ability and childrearing responsibilities as relevant.
Judges also take into consideration nonfinancial contributions made by both spouses, such as taking on parenting responsibilities and caring for children. Once that assessment is made, a fair property settlement between both parties must be determined - this can be a complex process which often requires expert legal advice - so many opt for mediation or family dispute resolution instead of going straight to court.
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