Divorce law can be one of the most confusing and emotionally charged aspects of the legal system. This is why it is so important to choose an attorney who offers the understanding, knowledge and experience required to positively impact how your life will be sculpted in the future.
The attorneys at The Weiner & Randall Law Group PLLC are committed to making this difficult process as painless as possible.
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When there is no other option but to end a marriage, divorce is the most common action to take. There are two main types of divorce. There is contested and uncontested divorce.
This option puts an end to a marriage that was not legitimate. There are several reasons such as an underage spouse, one spouse was already married to someone else, or lacking the capacity to agree to marriage.
This can also be referred to as separate maintenance. This option is often used for people who cannot divorce due to religious beliefs or require shared access to health benefits.
Ending a marriage usually involves one or more of the following:
We will take care to consult each individual issue that pertains to your unique situation, so that we can put together an effective plan to get the results that matter to you.
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One of the most critical issues in divorce is how the property will be split up between both spouses. Fairly dividing the assets requires examining the value of the assets, as well as determining if the assets are separate and/or marital property.
Generally, separate property is that of which was owned prior to the marriage. Separate property does not have to be divided.
This is property that was obtained during the time of marriage that belongs to both spouses as part of their joint estate.
One common mistake that people make in determining the value of their assets, is stating the value as the amount that they paid for the asset. This may not be accurate, as we will look at what the assets would sell for now; which could be much more, or much less, than what was paid for them.
Determining the type of property and how it should be divided can get complex. The Weiner & Randall Law Group knows that with careful review of property, assets and their value, that we can develop a property division plan designed to provide a fair outcome.
One issue that may accompany divorce is child custody. In most cases it is important for the child to maintain a relationship with both parents. Our goal is to work closely with our clients to provide a living situation that is desirable and that will ensure the child is well cared for.
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This is where the child's primary residence will be located.
This is who will make legal decisions about the child's, medical treatment, etc. In addition to deciding the physical and legal custody of the child, these can be divided into either sole or joint custody.
Sole physical custody means that the child primarily resides with one parent. Sole legal custody is when one parent makes the legal decisions that concern the child.
Joint physical custody is when the child shares time at both parents' residence. The time shared may or may not be equal. Joint legal custody is when both parents will work together to make legal decisions that concern the child.