Divorce and other family law cases can be extremely complicated to navigate. These cases are handled in a family court and involve a distinct set of circumstances, which are often emotionally overwhelming. For this reason, many people find it helpful to have the assistance of a skilled family law attorney when dealing with these sensitive legal matters. It can also prove particularly helpful to understand some of the following most commonly used terms in family law cases.
This refers to spousal maintenance or support that one former spouse makes to the other spouse to maintain the standard of living that existed during the time of their marriage. Spousal support can vary significantly between cases and depend on a number of unique factors including the length of time that the couple was married as well as each spouse’s earning capacity.
The Best Interest of the Children
In child custody cases, courts make their determinations based on what would be the most stable, compassionate, and nurturing environment for the child. This preference is referred to as what is in the “best interest” of the child. Judges tend to prefer custody arrangements in which both parents spend time with the minor children, but there are some notable exceptions to this preference, including when one of the parents would place the child in a position of danger.
Child Custody and Child Visitation
Custody refers not only to the parent with whom a child lives, but also which parent makes important decisions in regards to the child’s upbringing. There are a number of different possible custody arrangements, including shared custody and split custody. Negotiating custody and visitation arrangements can be one of the most stressful and complicated elements of a divorce, which is why it is helpful to have an experienced child custody attorney on your side.
Marital and Separate Property
Property division during divorce can be contentious, to say the least. Courts use the term ‘marital property’ to describe assets that are acquired during a marriage and therefore subject to division in a divorce. Separate property, however, was usually obtained prior to the marriage and is not subject to division.
One of the most common ways to resolve a divorce is mediation, which is an effective tool for resolving divorce as well as other legal conflicts. The mediation process involves a neutral third party who guides the negotiation. Because this process focuses much more on communication and compromise than traditional litigation, mediation is generally a good option for spouses who are capable of communicating with one another effectively.
Speak with an Experienced Divorce Lawyer
These are just some of the most common terms that come up during divorce cases. Because divorce can be such a complicated area of law, it is often a wise idea to obtain the assistance of an experienced attorney who can help you navigate these issues. Contact Vayman & Teitelbaum P.C. today to schedule an initial free case evaluation.