Derby Family Lawyer
When you are dealing with a family law problem, you may need advice from someone with experience in the law and an understanding of your issues. A skilled family attorney could discuss your issues, listen to your goals, offer alternatives, and represent your interests both in and out of court. Consult a qualified Derby family lawyer that could devote the time and resources necessary to achieve a positive outcome for you.
How a Family Attorney Could Help
A Derby family lawyer could assist you with:
- Drafting and reviewing marital agreements
- Calculating alimony and filing for modifications
- Filing for divorce
- Filing an annulment
- Calculating child support and filing for modifications
- Filing motions for child custody and visitation
Legal Agreements Covered by Family Law
There are several types of marital agreements for couples in Derby to utilize. All are legally binding documents that should be carefully drafted to ensure compliance with statutes and public policy.
A prenuptial contract—also known as a premarital contract—is a contract between two people in anticipation of marriage. The contract outlines rights and responsibilities concerning marital property acquired before marriage as well as assets accumulated during marriage. The contract may also address how income of the parties is used, responsibilities regarding debts and the treatment of property acquired prior to the marriage.
A postnuptial contract is executed after a couple is married and sets guidelines for division of assets and debts in the event of divorce. Sometimes a postnuptial contract may be used when a couple did not have the opportunity to enter into a prenuptial contract prior to marriage. Other times, a postnuptial contract may be drafted to update or make changes to a previous prenuptial or postnuptial contract.
Dissolving a Marriage
In Derby a couple has the option of pursuing a “no-fault” divorce or seeking a divorce based on “at-fault” grounds. To obtain a no-fault divorce, the couple may state that their marriage has suffered “irretrievable breakdown” with no chance for the couple to reconcile and remain married. A no-fault divorce may also be granted when the couple have been living separate and apart for a minimum of a year and a half.
A fault-based divorce may be sought under the following reasons or grounds:
- Extreme cruelty that affects the health of a spouse
- Fraud to induce the marriage
- Imprisonment for a crime for more than a year up to life
- Residence in a mental hospital for five years
- Abandonment for more than a year
- Alcohol or drug abuse that negatively affects the marriage
Financial Support for Spouses and Children
As a Derby family lawyer might explain, alimony is financial support that one spouse pays to their former spouse to pay for meeting financial needs during and after the divorce. Alimony is usually paid by the party who earns higher wages so that the lower-earning spouse can continue to live in a similar fashion as when married.
Alimony may be ordered on a temporary basis (“pendente lite”) while the divorce action is pending, for a periodic time after the divorce, or permanently. Judges are given broad discretion when determining and awarding alimony, but modifications may be sought if a spouse can demonstrate a substantial change in circumstances.
In Derby, both parents have the legal obligation to support their children financially until the child reaches the age of 18, or until age 23 if the child is a full-time student. Child support is calculated using a mathematical algorithm that uses both parent’s incomes to arrive at a monthly payment.
The Child Support Guidelines take into consideration the number of children supported and credits are applied to the parent who pays for medical insurance. If parents do not agree on an amount, the court will use the Child Support Guidelines to arrive at support figure and will issue an order accordingly.
Contacting a Derby Family Attorney
Family issues can be a sensitive subject, but you do not have to navigate these issues alone. If you are facing any family law issue, a knowledgeable Derby family lawyer may be able to provide the advice you need. Call today for a consultation.