Troy Family Lawyer
Family law issues are intricate and can be emotionally demanding on the parties involved. If you are dealing with family law issues, including divorce, child custody, child support, pre-nuptial or post-nuptial agreements, adoption, grandparents’ rights, or guardianship, consider hiring a legal professional for assistance. Troy family lawyers have experience litigating family law issues and may make a difference in the resolution of your dispute.
Family law encompasses pre-marital agreements, adoptions, and guardianship, among other issues. If you are in the process of getting a divorce or have questions about any of the areas of law related to families, a dependable attorney could make the difference in the resolution of your dispute.
Annulment and Divorce
Annulments are declarations of the invalidity of a marriage. Parties to a marriage may seek an annulment in limited circumstances, such as cases where one of the spouses was married under the age of 18; a spouse became mentally incapacitated and could not make decisions; the union was the result of fraud, duress, or coercion; a spouse suffers from mental illness or insanity; or at least one spouse is unable to engage in sexual intercourse. If an annulment is granted by the court, the marriage will not be recognized in the state of New York.
A divorce dissolves a formerly valid marriage. To obtain a divorce from the Supreme Court of the State of New York, the filing party must prove one of the legally recognized grounds (in other words, a legally recognized reason) for a divorce. These grounds include cruel and inhuman treatment, adultery, abandonment, confinement in prison for three (3) or more consecutive years, living separate and apart pursuant to a separation judgment or decree, living separate and apart pursuant to a separation agreement, and an irretrievable breakdown of the marriage for a period of at least six (6) months. Individuals seeking a divorce, even if uncontested, should consult a Troy domestic disputes lawyer before proceeding. Separation agreements are another option in uncontested cases but a divorce action may be preferable under certain circumstances.
Marital Agreements and Domestic Violence
Lawyers may also provide instruction when two parties are writing a marital agreement. Whether it is a pre-nuptial agreement or a post-nuptial agreement, it is beneficial to both parties to have a legal advocate read the agreement before either party signs, to ensure that one spouse will not be at a disadvantage in the event of a divorce.
If a relationship turns violent, an attorney may also work to secure a protective order and come up with a safety plan to prevent further harm from coming to the abused party.
Child Custody Matters
Many family law disputes involve child custody and visitation. Parties to a divorce will often litigate the right to be the primary caretaker of the children. The court will consider several factors when evaluating which parent will be the child’s primary caretaker. Collectively, these factors are considered to make up the “best interest” of the child standard. They are closely evaluated and weighed against each other in the court’s decisions regarding custody. Even if a parent is not designated as the primary caretaker, matters of child support and visitation rights are also examined and implanted, if applicable.
Unlike actions for divorce and annulment, child custody actions may be filed in family court. A party’s odds of succeeding are better if they have a local family law attorney to guide them along the way and make a strong case in court.
Prepare for Your Future with a Troy Family Attorney
Divorce and custody disputes involve numerous legal factors and can be challenging to litigate without experienced help. If you are looking for a professional’s advice on a major domestic law conflict, contact a Troy family lawyer today. Even in cases where the parties agree on many of the terms of divorce or custody, family lawyers could offer nuances that might tip the dispute in your favor.