Family law is a broad area of practice that covers everything from divorce to child custody. As many of these sensitive issues require must go through the court system, a well-practiced family law attorney could help you protect your legal rights related to your family, your children, and your property.
Every family law case comes with unique facts and conflicting personalities. A Manhattan family lawyer could help you navigate these challenges and ensure your rights are protected.
There are a wide range of cases a family attorney could handle. While divorce might be the most common issue addressed by a family lawyer in Manhattan, they can also handle property distribution, annulment, and child custody.
Divorce proceedings are central to most family law cases. After all, many of the complexities that require the guidance of a family attorney in the area stem directly from the dissolution of a marriage. In addition to the divorce process itself, a lawyer could assist with drafting other marital agreements, like separation agreements.
Some divorces are relatively straightforward. This could be the case when a marriage has few assets or when the split is amicable. Other divorces may not go so smoothly. Many divorces can be bitterly contested for months or even years. A Manhattan family attorney could assist with the divorce process no matter how contentious the proceedings might be.
A divorce proceeding can be complex and time-consuming. One of the primary issues of contention during a divorce is the division of property. During a divorce, the court will determine how marital property is split among the spouses. This differs from non-marital property, which includes the assets two people bring into the marriage. Many other aspects of family law—from child custody to separation agreements—are tied to the divorce process.
A divorce is not the only way to end a marriage. For some couples, it is possible to obtain a court order that establishes the marriage never legally occurred in the first place. This is known as an annulment. It could be possible to obtain an annulment on grounds of insanity, incest, or bigamy, among other things.
In many divorces, the issue of child custody is the primary driver of conflict between spouses. There are two types of custody that the court must determine. The first is known as legal custody. It involves the right to make important decisions on behalf of the child. These decisions involve a child’s education, religious upbringing, and medical care.
The second type of custody is known as residential custody. This type of custody determines which parent the child primarily lives with. It is possible for a parent to hold both types of custody. However, parents could share custody, as well. A family lawyer in Manhattan could help a parent fight for custody of their minor children.
Spousal support is another issue common in the divorce process. This type of support is designed for spouses who will leave a marriage without the financial means to support themselves. Monetary spousal support could be awarded for a short period of time following a divorce, or it could be long-term. Support could even be available during the course of the divorce case.
In some divorces, conflict is inevitable, and can be severe in some cases. The most heated disagreements during the divorce process typically involve the division of assets or the custody of minor children. In high-conflict cases, it can take months or even years to resolve the major issues in a divorce.
While familial litigation can be costly and time-consuming, many alternative dispute resolution options could be beneficial for both parties. A local family lawyer could use tools like arbitration or mediation to resolve hotly contested issues without the need of costly lawsuits or litigation.
If you are dealing with upheaval in your family due to a divorce or custody dispute, your choice of legal counsel could dramatically impact your future. With the right attorney by your side, you could protect your rights and the rights of your children.
With so much at stake, it could benefit you to seek the guidance of a Manhattan family lawyer. Call right away to set up a confidential consultation.