Online Legal Guidance for Divorce
The divorce process is not something that anyone wants to go through, but should you find it necessary to end a marriage, you’ll want to have a family law lawyer or law firm to call upon for help.
Filing for divorce
Disentangling your life from that of your soon-to-be-ex is complicated emotionally as well as legally, with divorce forms and papers in addition to dividing your property and considering custody of any children. As much as you want the legal process to be over, you also want to make sure that you’re protected, which isn’t necessarily an outcome if you file for divorce.
A LegalShield membership allows you to work with a LegalShield provider lawyer to sort through the complicated questions and legal documents that come with divorces to make sure that you’re doing what’s best for your family while making sure your own interests are protected as well.
Uncontested divorce
No divorce case is ever simple, but an uncontested divorce is hopefully a somewhat less painful option for couples. In an uncontested divorce, both parties have agreed to the divorce itself and the particulars of the split, including child custody, alimony, and the division of property. That agreement allows them to avoid a longer and more expensive court process, between lawyer fees and court costs.
With the details out of the way, the couple can file the necessary forms and their divorce settlement agreement with the court and wait for a judge to issue the divorce decree, which may include an order for a name change if one party wishes.
Reaching an agreement can be tricky when it comes to children and their care, or in the division of a greater accumulation of assets, so it’s useful to have a lawyer to review whatever agreement you reach or to help negotiate some of the points.
Separation
Couples that are considering a split can first opt for a separation instead of a divorce. Separation, and in particular legal separation, differs from divorce.
A separation court order will divide your assets and set the terms of alimony, child custody, and support as would a divorce but the parties remain bound together even while leading separate lives.
Some couples opt for separation as opposed to divorce or annulment due to religious beliefs or a desire to keep the family unit together for the sake of their children, or for the more practical reasons of maintaining health insurance or other benefits that would be lost to one party through divorce.
Alimony
Depending upon the particular financial situation of a couple, one party may be entitled to ask for spousal support. Also known as alimony, this support provides for a spouse that has a lesser income than their partner, often due to that spouse working less hours or stepping away from work altogether to raise children.
Alimony can be paid in a lump-sum payment but is most often set up as recurring monthly payments for a period set forth by a judge in a court order. Those payments can be ended early under conditions set forth in that order, like the spouse receiving the support finding a higher-paying job, cohabitating, or remarrying.
Child custody
The most important, and often most contentious, consideration of any divorce process is child custody. Each parent wants what’s best for their child, but there can be significant disagreement on what that means in terms of care, living arrangements, and child support.
Ideally, parents come together to reach an accommodation for custody that avoids a long and ugly battle, but in the event that they can’t agree, the courts will make the ultimate decision in the best interest of the child.
In determining custody, courts consider the relative fitness of each parent to care and provide for the child, as well as the relationship between the child and each of the parents and the preference of the child, provided they are old enough to give their opinion.
Legal custody vs physical custody
There are two different kinds of custody:
- Legal custody is the right of a parent to make decisions about a child’s medical care, schooling, or other important factors in their life.
- Physical custody pertains to where and with whom a child is living.
Depending upon what the courts find, they may award sole legal and/or physical custody to one parent, or joint legal and physical custody to both parents, or some mixture of the two.
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Frequently Asked Questions
A lawyer can help give guidance and help clients understand their rights and obligations. From advice to helping negotiate fair agreements, from resolving disputes to advocating in court, lawyers can help minimize the emotional and financial stress associated with family law matters.
Generally speaking, it’s a good idea to get legal advice on any family law issues to ensure that your rights, and those of your loved ones, are protected.
Instead of paying a lawyer by the hour, you pay a small membership fee for access to a provider law firm in your state for the legal services membership you select. Prices and coverage vary depending on the membership services you select.
Hiring lawyers the usual way can cost hundreds per hour. But with LegalShield you pay a small fee and get access to experienced lawyers who can help with any number of family law issues.
Membership applications are reviewed within 72 hours. Once approved, you can contact your lawyer to start using some perks of your membership. Other benefits have a waiting period. See your member contract for details.
For over 50 years, LegalShield has made it affordable and easy for its members to connect with its network of vetted, dedicated law firms across the United States and parts of Canada. Lawyers average 22 years of experience. Please note that LegalShield provides access to legal services offered by a network of provider law firms to its members.