3 May 2013 0 Comments

Family Law Frequently Asked Questions

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As a grandparent, do I have the right to seek visitation or custody?

A family law matter that is increasing in popularity is the concept of a grandparent seeking visitation rights or even custody of grandchildren. Custody is more likely if both parents lose their lives, but grandparent visitation rights may be an issue of concern in the wake of a divorce. If you are a grandparent who has been denied time with your grandchild or you are interested in seeking custody because your grandchild is in an unsafe environment, our firm can help. We can review the matter to determine how to best protect your rights as a grandparent.

What are the reasons to consider a prenuptial or postnuptial agreement?

Particularly as people remarry or get married later in life when they already have accumulated property and assets, a prenuptial or postnuptial agreement can offer peace of mind in knowing that future arrangements are already worked out. Should spouses divorce or should one pass away unexpectedly, the prenuptial or postnuptial agreement will have specific arrangements worked out regarding property distribution, alimony and other related issues.

What should I do if I am divorced and my ex-spouse wishes to relocate, with our children, to another county or state?

If one parent wishes to move a significant distance with their child or children, and this will impact any current custody or visitation arrangement in place, it will be necessary to get court approval to modify the custody or visitation order. Move away cases can be complex, and the burden will be on the relocating parent to prove that the move is in the child or children’s best interests. That is why it is helpful to work with an attorney in these matters.

What are the benefits of an uncontested divorce?

An uncontested divorce involves spouses who are able to reach their own agreements regarding all of the issues that must be resolved to end their marriage. This is generally the fastest and least expensive form of divorce, as legal fees are considerably lower. Some attorneys offer a flat fee service for uncontested divorces. In addition to saving time and money, an uncontested divorce may also save both spouses and any children from the stress associated with adversarial proceedings in court.

What are some of the issues that I may have to address through my divorce?

Legally ending a marriage involves reaching arrangements regarding several key issues: child custody, child support, visitation rights, spousal support (alimony) and the division of property and debt. Unfortunately many of these matters may become hotly contested, even by spouses that are on relatively amicable terms. It is helpful to work with a lawyer who can facilitate reaching a viable resolution to any dispute or disputes, whether this is through a collaborative approach or in court.

When should I involve a divorce attorney?

We recommend at least talking to a divorce attorney in your area as early as possible. Even if you are in the beginning stages of planning a divorce or have just started considering the possibility of ending your marriage, it is helpful to get insight regarding the legal and financial ramifications this may have on you and your family. A Holstrom, Sissung, Marks & Anderson divorce lawyer can offer you information and help from an objective point of view, something that is invaluable in the often emotionally tumultuous time leading up to a divorce.

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