DOMESTIC RELATIONS
DOMESTIC RELATIONS
DOMESTIC RELATIONS
(Divorce, Custody, Modifications, Juveniles)
DIVORCE
Sometimes life happens! Divorce can be a traumatic experience leaving you emotionally bankrupt and financially drained. Johnna Baker is a Christian attorney and believes that every effort should be made to resolve marital problems before a dissolution is pursued. When divorce is inevitable Johnna Baker will walk with you every step through the legal complexities along the way. Below is some general information regarding this matter:
- Uncontested Divorce - The simplest divorce and less expensive divorce is an uncontested divorce. It is called uncontested because you and your spouse work together to agree on the terms of your divorce, and file court papers cooperatively to make the divorce final. There will be no formal trial, and you probably will not appear in court.
- Default Divorce - The court will grant a divorce by “default” if you petition the court for a divorce and your spouse doesn’t respond with an answer. The divorce is granted by a judge even though your spouse doesn’t participate in the process.
- Fault and No-Fault Divorce - In days gone by, if someone desired it was necessary to show that the other spouse was at fault for causing the breakdown of the marriage. down. Now, all states offer the option of “no-fault” divorce. In a no-fault divorce, instead of proving that one spouse is to blame, you file a petition claiming that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of the marriage.
- Mediated Divorce - In divorce mediation, a neutral third party, called a mediator, guides you and your spouse to resolve issues in your divorce. These issues could include a variety of topics including but not limited to property, child custody, alimony, or visitation. The mediator doesn’t make any decisions; but leads you and your spouse through discussions in order to identify and resolve the issues and reach an agreement. The benefits of mediating a divorce is that it is less costly than litigation. In addition, in a mediated divorce both parties have ownership in the settlement as opposed to a judge making the final decision.
Top Questions For People Contemplating A Divorce
- What factors will a court consider when awarding custody to a parent? All child custody decisions made by the court are according to the “child’s best interest standard”. A court considers several factors when making a decision regarding custody. Some of the factors a court may consider in awarding custody are age of child, social maturity and mental maturity. The degree of emotional involvement between the child and parent. The child’s preference if they are of legal age and mentally capable of making a decision. The geographic residence of each parent. Has there been a history of domestic violence or child abuse. All of these factors are viewed by the court according the “child’s best interest standard.”
- What does the term sole custody mean? Another meaning for sole custody is full custody. The definition of sole custody may vary in each state. In most states sole custody is interpreted to mean that one parent retains both physical and legal custody. The other parent or non-custodial parent is usually required to make a financial contribution (child support).
- Will the mother automatically be given sole custody of the child? In years past, it was usually the mother who was awarded sole custody of young children. It was the mother who stayed at home and the father who earned the living. However the traditional practice of awarding the child to the mother is no longer a standard practice. The judge will grant sole custody based on the child’s best interest standard.
- What is the meaning of the term shared custody? Shared custody refers to how parents assume responsibility of the day to day care of for their children. Joint custody and split custody are the two types of shared custody. Joint custody may be defined as both parents sharing time with the child as well as legal and physical custody of the child. Both parties share in the decision making of the child as well as sharing time with the children. This is usually granted through an agreed upon alternating visitation schedule. Split custody usually involves multiple children. Each parent may be responsible for certain tasks or certain children.
- Define the term child support. Child support laws require the non-custodial parent to provide monetary support for the child’s basic needs such as food, clothing, housing and educational expenses.
- Can Child Custody Orders be changed or modified? Yes, change in income, medical emergencies, health reasons, loss of employment, or a change in the child’s needs, are all reasons to petition the court for a modification in a custody order.