You must be aware of your legal rights if your marriage or common-law relationship is failing. Your decisions and actions during this pivotal period could have a lasting effect on your future. David H. Goodwin has many years of credible experience assisting parties in reaching decisions based on extensive, qualified legal counsel.
SEPARATION AGREEMENTS
It is frequently possible to settle all legal issues associated with terminating a marriage or common-law relationship by negotiation. The distribution of important assets and debts, spousal support, and matters pertaining to children, such as residence, guardianship, parenting time, and child support, are among the issues that need to be resolved. Detailed parenting plans can be created under the direction of a professional. Generally speaking, the most economical way to handle the numerous difficulties is through a negotiated Separation Agreement.
FAMILY LAW / DIVORCE PROCEEDINGS
When a partner is uncooperative, it could be advised to start a family court case. A judge will meet with you and your lawyer for a Judicial Case Conference (JCC) early on. A JCC can last for up to an hour and a half to discuss matters that might be mediated. If an agreement cannot be reached, the judge will give instructions on how to resolve the unresolved concerns. After a JCC, applications to the court may be made as needed to resolve problems temporarily. This might cover things like asset freezing, temporary child and spousal support, restraining orders, and so on.
SPOUSAL SUPPORT
If the parties’ incomes are significantly different, the party with the lower income may be entitled to spousal assistance. The court considers the range of spousal support payable in accordance with the Spousal Support Advisory Guidelines. The positions of each partner in a relationship, child-rearing responsibilities, and economic benefits or drawbacks as a result of the connection are important considerations. Relevant factors can include the needs of one spouse and the other spouse’s financial capacity.
UNCONTESTED DIVORCE
After one party decides to leave the marriage, divorce proceedings can be started whenever they feel ready. If both of the parties are still residing in the same home, divorce proceedings can still be started as long as they are living separately. Before a divorce can be granted, the parties must have lived apart for a full year. If a Separation Agreement governs all other issues, a divorce case will typically be uncontested and not call for your presence in court.
GUARDIANSHIP AND PARENTING PLANS
There are important difficulties surrounding the dissolution of a marriage or common-law relationship when children are involved. The guardians of the children will typically be considered to be both parents. The allocation of responsibilities and the amount of parenting time each parent will spend with the child are matters that need to be discussed. The emphasis is on creating specific parenting plans. The driving premise is the “best interest of the child.” The child’s opinions must be taken into account unless doing so would be impossible.
Both the Family Law Act and the Divorce Act specify the parents’ responsibilities for child maintenance. The parent with primary custody of the children will typically be entitled to child support payments from the other parent. Based on your taxable income, the Child Support Guidelines specify the amount of child support that must be paid. Both spouses will be required to contribute to the child’s special or extraordinary costs, such as those for medical or dental treatment, child care, school-related fees, specific extracurricular activities, and so on, in addition to the standard child support contribution. You can better understand your full legal rights and obligations with the help of a consultation.
DIVISION OF ASSETS AND DEBTS
The legislation governing asset split in the event of a relationship breakdown has undergone significant revisions as a result of the Family Law Act. Both marriages and common-law partnerships are covered by this new legislation. In general, the assets will be divided according to how much their value has increased. Similar to how assets are divided, so are debts incurred during a marriage or common-law relationship. You can get help from David H. Goodwin in figuring out how these new regulations relate to your specific circumstances.
COHABITATION / MARRIAGE AGREEMENTS
Agreements for cohabitation or marriage may be drafted in advance to cover what might happen if a relationship ends badly. Such Agreements are more frequently made when there is a large gap between the assets that each party brings to the partnership. In the event of a relationship breakdown, agreements may be written to specify that certain property will remain each party’s distinct property. It is crucial to have an agreement that has been properly drafted by a lawyer because such agreements could one day be challenged in court on the grounds of fairness and unanticipated changes in circumstances. A Cohabitation/Marriage Agreement may still be modified or revoked by the courts in certain circumstances.
EMERGENCY COURT APPLICATIONS
An application to the court may be made in an urgent situation without giving the opposing party notice. Examples of urgent situations are when one parent threatens to take the kids out of state. In order to protect your rights, an application may be made without prior notice to freeze assets where there is a possibility that one party may conceal or dispose of them. If you have such worries, get legal counsel right away.
Contact us for a consultation about your specific case and to find out your rights.