Family law is complicated. Even the most simple problems can be emotionally charged and incredibly stressful. Not to mention that common areas of family law may have different nuances depending on the region or state. It’s imperative for you to have a solid grasp of the concepts, laws, and rules to inform yourself and represent yourself properly.
If you are in the process of a family law issue, you don’t have to go it alone. Jensen Family Law handling family cases in Mesa are honest, direct, and compassionate. Whether you have a conflict between family members, consider separation or divorce. If you also need advice because someone might be preventing you from seeing your children, the attorneys have the experience and skills to guide you through this stressful time. Read more to know the most common family law issues.
Table of Contents
Child Custody
Child custody refers to the right of a parent or guardian to make decisions regarding their child’s upbringing. The most common forms of child custody include:
- Primary custody means one parent has primary decision-making authority over essential aspects of the child’s life. For example, if you have primary custody of your children, you decide where they live and attend school.
- In joint custody, parents share equal decision-making power over essential aspects of their children’s lives. For example, if your ex has joint custody with you, both parents must agree before making significant changes in raising their kids (like moving). Each parent has equal authority over these issues, and neither can override what the other decides.
Child Support
It is a monthly payment from one parent to the other. The non-custodial parent has assumed all or part of their financial responsibility for supporting their child, either through direct payments or housing and food. The amount of child support depends on each case and is determined by a judge who will look at various factors to decide what constitutes fair payment. These factors include:
- The income of both parents
- Their respective expenses (such as health care)
- Whether they have any other children who they are supporting
Spousal Support
Spousal support is a monthly payment from one spouse to the other. It gets paid to the spouse who does not have the financial means to support themselves after separation. The court will order spousal support for a set period, usually until one party has become self-sufficient or can no longer be dependent on the other for financial assistance.
Spousal support can also be modified if changes in your circumstances and new information becomes available that affects your ability to pay or utilize spousal support payments.
Property Division
When you file for divorce, they will ask you to submit a list of all of your assets and debts. The court will then divide these assets between you and your spouse based on length of marriage, age at marriage, and children born during the marriage. The court may also award alimony if necessary, depending on the need.
What Changes Take Place In the Family Structure After a Divorce?
A child who has been raised in a two-parent home will now have just one parent. If the absent parent was involved in the child’s life before the divorce, it might be complex for them to adjust to not having that parent around anymore. They may miss their dad or mom and want to spend more time with them, but this is often not possible with only one parent at home.
The new single-parent household can also mean that there will be less money available for things like vacations and other activities. It can be difficult for children who are used to going on vacation with both parents. The father or mother may also feel sad about losing their spouse, impacting how much time they want to spend with their children.
Divorced families often don’t have as much time together as they did when they were all living under one roof. Therefore, it can be harder for them to bond as a family unit because the children don’t spend as much time together cooking dinner every night or playing board games after school as before the divorce occurred. It doesn’t mean that this type of bonding won’t still happen in some cases.
It is vital to know that every family law case is unique. If you find yourself in these situations, you should consider reaching out to a qualified family lawyer who can best advise you on what steps to take next.