Divorce Cases Are A Big Part Of What A Family Attorney Does

by | Feb 18, 2015 | Lawyer

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A family attorney will be involved in any number of issues that have to do with a familial unit; one of the primary tasks that a Boise family attorney deals with is divorce. There are some variations in the laws that apply to divorce, so to ensure that the individual seeking the divorce is fully informed of all his or her rights and options that a seasoned lawyer be engaged. In some jurisdictions a simple divorce can be processed quickly with minimal expense and rarely any need to appear in court. In the event the couple seeking the divorce has minor children or significant marital assets the divorce may become more difficult and issues will be contested. In the event of a contested divorce the attorney will have to spend considerable time and exert significant effort to ensure that the client is not taken advantage of by the opposing spouse.

One of the more contentious areas that must be faced during divorce proceedings is to divide the property that was acquired during the term of the marriage. There is never any dispute over property that was brought into the marriage by each couple; that property was theirs and remains theirs. With the guidance of the individual attorneys involved it is often reasonably simple and straight forward to agree on an equitable settlement, however, if this is not possible then there is a very good chance the case will end up in court and a decision of the disposition will be made by a judge.

If there are minor children that were born to the couple during the course of their marriage it becomes of paramount importance that a determination is made as to where the children will live as well as child support and fair visiting rights for the non-custodial parent. If the parents cannot agree amongst themselves who will get primary custody of the children it becomes the prerogative of the court to make a ruling. The court is only concerned about the child and the welfare of the child, the court is not concerned about which parent is granted custody, the court is only concerned with what is best for the child. Once it has been determined which parent will be granted custody then the appropriate amount of child support is determined and approved by the court and visitation rights are established.

Divorce is not the only way to terminate a marriage. A Boise family attorney can claim that the marriage was invalid from the outset and the couple should be granted an annulment. Should this course of action be approved by the court there will be no evidence that there ever was a marriage between the parties.

In the event you seek the services of a Boise family attorney you are invited to contact the Law Office of Finch ~ O’Neil. The practice areas include divorce, adoption and child support as well as estate planning, probate, trusts, etc.

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