Family life can be complicated, especially if you have children. On the threshold of a family transition such as a separation or divorce, you can easily feel overwhelmed with choices and questions. Our team of Clifton Park family lawyers is ready to support you through these challenges.
During separation or divorce, the finalized arrangements around custody, alimony, and child support can impact you for decades. It can be crucial to have expert guidance about your financial, legal, and parental responsibilities. You probably want to create the very best scenario for your children as the family moves forward, and our attorneys are ready to help.
Family law encompasses many areas. Issues can start with the birth of a child and span decades of family life. For example, a skilled family attorney can help establish paternity when fatherhood is in question. They understand the adoption process as well as all parenting issues that touch the legal system like child abuse, domestic violence, divorce, and custody proceedings. A seasoned Clifton Park attorney can help with the legal issues, required documents, and court proceedings that encompass family law.
Divorce involves two areas, and both can be complicated. First, divorce requires the equitable distribution of marital assets and debts. Most property spouses acquire after the date of the marriage becomes part of the marital estate. A court will then distribute these assets and debts fairly. Parties can make agreements about this distribution, and an experienced Clifton Park family lawyer can support that process.
The second aspect of divorce and separation involves children. Children are entitled to financial support from both parents, and parents have a right to be with and visit their children. These issues are always viewed by the court through the lens of what is in the best interests of the child.
Many people understand the concept of a prenuptial agreement. This is a contract parties sign before the wedding date, confirming an understanding about what happens upon divorce. A prenup must be in writing and supported by full disclosure of all assets by both parties. Additionally, both parties must either have legal counsel or waive their right to it.
Any contract signed after the date of marriage is called a postnuptial agreement. They usually refer to a marital settlement agreement when parties are getting divorced. However, sometimes couples may choose to create a contract during the marriage if, for example, their net worth significantly changes or they become involved in a business. A diligent family lawyer in Clifton Park understands the legal requirements of these marital agreements.
There are two kinds of child custody. Legal custody refers to a parent’s ability to make decisions around the child’s health, education, and religion. Residential, or physical custody, refers to where the child lives. Courts encourage parents to work these agreements out since they understand the family’s needs. However, if parents cannot agree, a court will create a custody arrangement and parenting plan.
Once the court establishes custody, that decision drives issues around child support and visitation. The spouse with primary residential custody gets child support from the other parent. State child support guidelines calculate the weekly amount owed based on several factors, including the time spent with each parent, the parents’ income and earning capacity, the children’s education, and other financial considerations. The parent of alternate residence has a legal right to visitation with their children.
When your family enters a crucial transition like separation or divorce, there can be stress and high conflict. There is a lot at stake financially and emotionally for you and your children. Our Clifton Park family lawyers know this process and can advocate for you every step of the way. They understand a wide range of issues and are ready to give you legal support and advice on a challenging journey. Call our team today to get the help you need.
Colwell Law
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(518) 462-4242
513 Broadway