Lawyer’s Role in the New Haven Divorce Process
In New Haven, the first step of the divorce process is to have the initial documents served on the other party. Once those documents are served, they are filed with the court. There is a waiting period of 90 days so the court can see if you are going to reconcile. It is a waiting period in case someone filed papers right after an emotional fight. If they want to stop the case, they can.
After 90 days, you report to the court whether there is an agreement, or issues regarding finances or the children. At that point in time, the court sets a schedule to resolve the case. As the court sets to resolve the case, it is important to have a New Haven divorce lawyer help you through the difficulties of your case and to help you ensure that the best interest of your children is maintained.
Complications During a Divorce
There are many issues that frequently arise in New Haven divorces, particularly in regards to the finances. Bills not being paid, mortgages not being paid, or a depletion of assets are all things that are frequent issues in a case when it comes to money.
When it comes to the children, complications occur when one parent is not letting the other see the children, or there is not enough visitations, or not enough child support.
The most important thing in ensuring that a divorce runs as smoothly as possible is coming into the divorce with reasonable expectations. A divorce settlement is about a compromise, meaning neither person gets everything they want, so once both parties realize that, the faster the case concludes.
Defining the Best Interest for Children
The best interest for the children is used to help decide on custody and visitation or any agreement in family court regarding the children, except monetary issues. There are many factors considered when determining the best interest for the children, such as where the children live, how involved the parents are in their lives, the children’s progress in school, their health, and their mental condition. Finances, however, are not considered.
An attorney will take a look at school and medical records of the child. The determination of best interest depends on if there is a guardian ad litem involved, if there is an attorney for the minor child involved, if family relations does a study, if DCS is involved, and whether there are any arrests involved. It is not a matter of where the children want to live, but rather it is the complete analysis of the circumstances surrounding both parents and all the children.
The best interest for the children can be decided by the parents. They can come to an agreement about how to handle custody and visitation. In a case where the parents do not agree, though, then it is left for the court to make a decision.
How a Lawyer Can Help
A divorce lawyer can highlight all of the positive aspects of a parent’s custody arrangement particularly in contrast to the other spouse’s negative aspects.
Ultimately, an attorney can help the divorce process run smoothly and make sure that a person has an understanding of the process well enough that they can make informed decisions that will benefit the children involved.