Here is a general overview of how a divorce with children works. Note that each state has different processes and uses different terminology for child custody and visitation. As a paralegal service provider, we can provide document preparation services for both divorce and separation.
Can I get an amicable divorce if I have children? You can divorce amicably with children if you and your ex agree on the following:
Agreeing on these issues at such a difficult time is not easy. It may take some "off the record" negotiations to reach an agreement. Once you both agree to the agreement, you can skip the argument in court or mediation and make the plan official.
Because there are so many details to consider when it comes to child custody, many people choose to have their divorce settlements reviewed by attorneys before taking them to court. This is called a restricted-scope representation.
Can I appeal court orders if I have children? Most judges are open to appeals regarding child support payments, changes in your financial situation, insecure home situations, or finding more or less time with your children. A lawyer can show you how best to approach these matters and how your situation is likely to turn out.
It's hard to predict what life will be like after divorce, so it's common for parents to renegotiate child support and custody when life changes. The arrangement that made sense for your preschooler will likely need to change when they turn 16, want a car, and need auto insurance.
Divorce paralegal services falls within the category of family law.
A Paralegal can not give legal advice or go to court and advocate for you the same way a divorce attorney will. The cost for a paralegal is usually less than an attorney.
To end a marriage in which at least one minor child has been born, you must file a Petition for Divorce or Dissolution of Marriage in the county in which either you or your spouse reside.
You are the Petitioner without Children if you are beginning the divorce process before your spouse and you do not have minor children living at home.
To respond to divorce or legal separation papers (a Petition), your first step is to fill out a Response form. This tells the court how you want things like custody of children, property, and support handled.
In California, the family court has the discretion to allow the petitioning party to amend their pleadings to correct a mistake. In order to receive this approval from the family court, the party seeking to amend his/her pleadings must first file a Request for Order (Motion) to file a second-amended pleading.
Legal custody refers to the legal authority to make major decisions on behalf of your child.
Sole physical custody: With sole physical custody, the child physically resides at one location.
Joint physical custody: This form of child custody is also called "shared custody," "shared parenting," or "dual residence."
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian, or state) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed.
California is one of the states that allow married couples to legally separate. A legal separation is an official court order from the state where you and your partner live apart and carry on your lives separately.
Allows divorcing spouses to document their decisions for alimony, child support, child custody, and the division of jointly-owned assets and debt.