Frequently Asked Questions About Family Law
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When it comes to matters of divorce and family law, it can be extremely
painful and emotionally straining for all parties involved. If you have
children with your spouse, it can be even more difficult to navigate issues
of child support, visitations, and child custody on your own. This is
why it is so important to have a Willoughby family law attorney from
Axelrod Law Office on your side. We have provided answers to some of the most frequently
asked questions we receive.
Can't find the answer you need? Leave us your details in a brief
online form or give us a call to request a free consultation so that we can discuss
your matter and help you find a resolution.
How does the court determine child custody?
There are many different factors which are taken into consideration when
the court makes a decision about the
custody of your children such as living situation, proximity to other family and schools, and income
of each parent. First and foremost, a judge will determine a custody arrangement
that best fits the child's best interests. This means that unless
there are extreme circumstances that warrant a need for the child to be
separated from one parent, a judge will typically favor joint custody
arrangements. These circumstances can include any history of abuse, drug
or alcohol use, and mental or physical health issues. The bottom line
is that your children's interests are always protected.
How does the court determine child support?
In the same thread as child custody,
child support is typically determined to protect the best interests of the child. Judges
will weigh a number of different factors, namely the ability of one parent
to support the child and the financial status of the other. Additional
factors that will be considered include any special education needs of
the child, the physical or mental health of the child or either parent,
and the credentials or ability of the recipient to obtain work.
How can I enforce child support?
If a noncustodial parent falls behind on child support payments, you do
have options for enforcing it, but they must be carried out through the
court. The court can use various methods to collect any back child support
payments. These methods can include income withholding, wage garnishment,
interception of tax refunds, liens or attachments to property. Additionally,
a court can take punitive actions if these methods are unsuccessful which
include license suspension, passport denial, and even possible jail time.
Should I put together a prenuptial agreement?
It is the personal choice of you and your spouse if you would like to
draft a prenuptial agreement, but it can be very beneficial to put down
the terms of what will happen to your assets, property, or children should
you ever divorce. While a prenuptial agreement can be beneficial for every
marriage, typical reasons for a couple deciding to draft can include:
- A significant difference in age
- A significant difference in financial status
- One or both parties have children from previous marriages and want to ensure
they can inherit certain assets
- One or both parties want to protect business partners
How long does the divorce process take?
divorce case takes a different length of time, depending on the unique circumstances.
This will likely depend on how many issues are contested and how quickly
you and your spouse can come to agreements. The most common factors that
affect the length of the process include the ability for you to cooperate
with your spouse, honesty about existing assets, openness to negotiations,
and willingness to make sacrifices. Stubbornness, evasion, and animosity
can hurt the process and cost more time and more money.
How is property divided in a divorce?
Property division can be quite complex, and is completed by determining
which property is community property and which is separate. The property
which each party brought to the marriage will be treated separately than
that property which was acquired in the marriage. Ohio is an equitable
division state, which means that property shall be divided in a manner
that is fair, not necessarily equal. Thus, division of property should
ensure that each party receives an amount of the total assets that is
enough to create a fair and equitable financial balance.
How can a divorce attorney help?
The importance of a competent, experienced divorce lawyer cannot be overstated.
Not only can your attorney guide you through all the necessary steps to
the divorce process, but he or she can also provide neutral, rational
insight that is crucial in such an emotionally-charged situation. Having
the right counsel by your side throughout your family law matters can
make all the difference to the amount of time and money you spend, and
can ensure you reach a favorable resolution.
Contact us today at (440) 926-6639 to make an appointment for a free consultation.