Darren Shapiro offers individuals and couples facing divorce, child custody, or other family law issues effective support through collaboration and mediation. He helps people resolve issues without the time, expense, and risk of going to court.
When interviewing attorneys, ask about their approach to the issues you are facing. Some lawyers may use a collaborative style, while others take a more aggressive approach to the case.
When children are involved in a divorce, the process can be complicated. A family lawyer can help clients understand what types of custody are available to them and find an arrangement that works best for everyone.
Child custody is a complex issue that can involve issues like which parent will live with the child, how often the noncustodial parent will get visitation rights, and whether or not the parents will share in making major decisions. A judge will decide on these matters based on the best interests of the child.
A non-biological parent may be awarded child custody if the biological parent is unfit, such as if they are abusing drugs or alcohol, have a history of domestic abuse, or are in jail. However, it is difficult for non-biological parents to obtain custody because judges prefer to award custody to the children’s biological parent. A non-biological parent must show that it is in the child’s best interest to have the custody arrangement that they want.
Alimony is money paid from one spouse to another after a divorce to provide financial support. Spouses who need alimony can request it in their initial divorce papers or by filing a separate motion with the court. Judges will consider the need for alimony, each spouse’s current earnings and ability to earn more, and the couple’s lifestyle. Judges also can order a lump-sum alimony buyout in lieu of a property settlement.
Generally, short-term alimony is designed to help a former spouse while divorce proceedings are underway. It can last for a set period of time or until the recipient spouse is able to meet his or her own financial needs through other sources. Judges can award long-term alimony as well. However, a judge can modify or end periodic alimony payments based on significant changes in circumstances for either party. For example, the receiving spouse could become self-sufficient through their own income or by finding a new partner.
Property division is an important part of a divorce. It involves dividing assets and debts acquired by both spouses during the marriage. This includes everything from family homes to investment and bank accounts, and personal belongings. It also covers financial obligations like credit card debt and student loans.
In a typical divorce, courts apply a concept called equitable distribution to determine what each spouse is entitled to receive during the property division hearing. This process can be difficult because it takes into account many different factors.
In addition, it can be hard to assign monetary value to some items like vehicles or furniture. A divorce lawyer in Nahariya can help you understand the laws in your state, protect your rights and negotiate or advocate for a fair property division decision. They can also determine whether or not a premarital agreement is valid and if it will impact property division decisions during the divorce. Lastly, they can make sure that all of the spouse’s assets are disclosed.
If spouses choose to live separate and apart, they need to agree on how they will handle their finances, property and children. A separation agreement spells out these arrangements, and it can also include schedules for child custody and visitation, as well as spousal support. Usually, the terms of a separation agreement will become part of a divorce decree. Changes to a separation agreement require written amendment or modification by both parties.
If a spouse violates a separation agreement that has not been incorporated into a court order or divorce decree, the other party may file a lawsuit for breach of contract. If the separation agreement relates to child custody or support, the court has ultimate authority in these matters and may overturn any terms that are not considered in the best interests of the child or spouse. A judge will also review the fairness of any financial provisions in a separation agreement. Nevertheless, a separation agreement reduces the need for trial and often prevents costly litigation.עורך דין גירושין בנהריה