How Family Law Works – Ways to Resolve a Family Law Issue
If you’re confused about how family law works, you’re not alone. There are a million ways to deal with a family law problem. One way is to talk to the other person or ask someone else to decide for you. Another way is to simply walk away from the problem. But, in most cases, this is a very bad idea. Read on to learn more about the three main ways to resolve a family law issue.
(Family, Law Missoula the attorneys at S. DeBoer Attorney at Law are committed to helping you face your family legal matters with expert legal assistance.)
Separation agreements are made after a relationship has ended
Separation agreements are legal contracts made between the parties after a marriage or relationship ends. They usually cover property division, debt distribution, and child custody and support. If the parties are unable to agree on the terms of the agreement, they can use a lawyer to negotiate a separation agreement. Separation agreements are often included in a divorce judgment and may be modified in court. It is important to get legal advice before making a separation agreement to ensure that you make the best decision for yourself and your partner.
Divorce cases are filed in a family court
Despite its name, divorce cases are not viewed in the same way. Instead, they are filed in a family court. These cases often involve family relationships, such as divorce. They are open to the public until they are closed by the Family Court Judge. This can happen either on a motion from the spouses or by statute. Regardless of the reason for closing the divorce case, the Clerk of Court is required to update the relevant state agencies and assign a new case number. It is important to isolate these cases from other family court proceedings.
Debt is divided based on income
A divorce can create a significant amount of debt. If a couple has been cohabitating for many years, dividing debt based on income is an ideal way to minimize the financial strain. However, it is important to keep in mind that the division of debt should be done with caution. The parties to the dissolution may choose to divide debt in half. For example, one party may take half of the debt on a credit card, while the other keeps the other half. Creditors are not required to honor such a contract and can even come after the spouse who signed it.
Child custody is a controversial legal issue
While many parents dread child custody battles, the process is quite simple. In most cases, child custody arrangements are the result of the wishes of the child and their parents. However, some parents may not be capable of meeting these basic needs. Generally, both parents share physical custody, and they are responsible for feeding, clothing, and keeping their children safe. In these situations, the parent with shared physical custody is likely to lose custody if he or she fails to meet these needs. While mental illness and substance abuse are not automatically disqualifying factors, they can make a parent’s ability to properly care for the child worse.
Collaborative negotiation is a kind of negotiation
Collaborative law is a practice similar to mediation. It involves private settlement outside of court. In collaboration, both parties have a lawyer. Unlike traditional legal negotiations, lawyers do not represent one party over the other. They also do not threaten one another, and they are committed to working out the differences without litigation. The collaborative law process is not for everyone, but it can help you reach an agreement.
Religious divorces are not recognized in Canada
Canadian family law does not recognize religious divorces. While some religions do not allow divorce, others grant divorce authority to the husband. In these cases, Canadian courts will only deal with the legal separation and its corollary issues. If the couple reaches the legal separation stage, either spouse may apply for a divorce and file for child custody, spousal support, and property division. After the separation, either party is free to remarry in a civil ceremony.