Engaging in the divorce of a marriage with children involved can be challenging and emotionally draining, particularly if contested issues such as maintenance payments, asset distribution and parenting time come up.
No matter if your divorce proceedings have already started or you want a peaceful resolution through negotiation and mediation, our firm is here to assist with our tenacity, skills, and steadfast support.
Child Custody
Parents ideally work together when making decisions pertaining to their children's housing, health care, education and spiritual upbringing; when this doesn't occur, child custody becomes a point of contention in divorce proceedings.
Custody arrangements can either be joint, where both parents share decision-making rights, or sole, where one parent has all legal authority for making choices on behalf of their child. Physical custody will typically be determined through an agreed court-ordered parenting schedule; sometimes known as "custody and visitation agreements".
No matter if you are filing for divorce or considering separation, having an experienced point cook divorce lawyer on your side will help you understand all of the available legal custody, physical custody and parenting time options for your children. Your attorney will guide the proceedings as they work toward reaching an outcome which serves them in their best interest.
Child Support
Divorce proceedings can often involve contentious issues regarding asset division, parenting time and child support payments. Partner with a Point Cook family law attorney with the necessary legal acumen and tenacity in order to reach a fair resolution for your situation.
Some parents may feel as if their child support check is being misused by one parent living lavishly and using it for non-child related expenses.
Courts use child support guidelines to determine how much child support must be paid by both parents. These guidelines take into account both annual income and the number of children both parties share together. A judge may decide to deviate from these guidelines in specific situations where necessary.
Alimony
Alimony (also referred to as spousal support or maintenance in some states) refers to court-ordered payments made to one spouse from another during and after divorce or legal separation in order to give their dependent partner an opportunity to become self-supporting.
Judges decide if and for how long to award alimony payments. Their goal is to give recipient spouse time and resources needed to become self-supporting in terms of both skills and education.
However, unlike child support which often features automatic cost-of-living adjustments, most spousal support awards tend to remain fixed. Should circumstances drastically alter in either spouse's favor due to illness, recovery from health issues or increased or decreased income or relocation or remarriage respectively, either may petition the other for modification of an alimony award - your Point Cook divorce lawyer will guide this process for you.
Property Division
Property division during divorce refers to the process of dividing assets and debts owned by both spouses during separation or dissolution. It may be agreed upon between them through a property settlement agreement or determined in court as part of the judicial divorce process.
At the time of separation, a judge will evaluate each asset and ascertain its worth at that moment in time. They then assign each spouse a percentage of total marital estate less debts minus debt payments that determines which assets will go their way.
At the time of separation, it is essential that a comprehensive inventory is drawn up of your assets and their current values. You should consider engaging an appraiser for valuable items such as houses, cars, or family heirlooms; any passive increases in value between separation and distribution will also be taken into consideration.
Adoption
If you are considering adoption or experiencing a contentious divorce with questions related to child custody, property allocation, spousal support or any related matters, your Point Cook family lawyer will assess the best strategy to achieve a fair outcome for you. He is flexible enough to adapt his approach according to each unique case while being knowledgeable of all aspects of family law. He will listen closely and work diligently towards meeting your needs quickly - contact him now for more information about how he can assist with your unique situation!