What Is Family Law And Why It Matters
When you think of family law, most people think of divorce and child custody. However, there is more to family law than most people think. Family law is any legal procedure that is specifically related to families and their relationships. Some of these include:
- Divorce
- Separation
- Custody
- Child Support
- Alimony
- Contempt of court
- Division of marital assets
- And more…
This causes the “world” of family law to be so much broader than most think. And family legal issues are more common than one would think. A family divided is never a good thing. A family is not started with the intention of going into a legal battle, but no one can predict the future.
Effects Issues Of The Family Can Have
Every family is going to have issues. But the ones most affected by these issues are the children. Even though a divorce may be the best option for the parents, there will be some effect on the children of that family, although some may adapt faster than others.
There are always effects on the spouses as well. A divorce that has children involved will cause the spouse to lose days with their children. One spouse will lose more than the other. Then you add in the child support and alimony/spousal support that one spouse will have to pay, and these add stress and emotional turmoil to the situation.
The Process of Divorce and Child Support
Divorce and obtaining child support in Worcester, Massachusetts is an intricate process to navigate. There are several steps and different processes to take before you can finalize everything. This in turn will add to the stress of the spouse filing. Oftentimes, couples amicably start the process and have a game plan already (things sorted out).
As part of the divorce process:
- Marital assets will need to be split between the spouses
- Marital debt will need to be split between the spouses
- Child custody will need to be determined
- Child support will need to be calculated
- Alimony/spousal support will need to be determined and calculated
- And more…
Some of these steps can be solved quickly depending on the type of divorce. In Worcester, Massachusetts, if you have an uncontested, no-fault divorce, then this means that spouses have agreed on child custody and support, marital asset division, and alimony. However, if you have a contested divorce or an at-fault divorce, the process to finalize everything will take longer as you will have to complete more steps.
If you have an at-fault divorce, you will have to prove either:
- Desertion
- Adultery
- Alcoholism
- Non-Support
- Abusive Treatment
- Prison Sentence for more than 5 years
- And more…
At-fault divorces are more time-consuming and extremely costly. You need to make sure that you have irrefutable evidence when you go to trial. You will need to present that evidence to the judge during a hearing and be prepared for the rebuttal evidence that your spouse will present. With this, you may have a pre-trail to set up custody arrangements before the full hearing for the divorce.
Child Support And Spousal Support/Alimony
In Worcester, Massachusetts, child support is determined based on two things:
- Parents agree on an amount
- Judge determines the amount
Ultimately, when the judge calculates the amount, they will use a worksheet that bases the amount on:
- The number of children
- The amount of the non-custodial parent’s salary
- Childcare costs
- The cost of insurance
The custodial parent is allowed to use the child support they receive in any way they consider appropriate. Therefore, the non-custodial parent has no say in how the child support they pay gets spent.
Alimony or spousal support is not always guaranteed, especially if there is child support being paid. Unlike child support, there is no worksheet to help determine how much alimony is paid. This is something the spouses determine between themselves or leave it up to the judge to determine.
How Attorneys At Murphy & Rudolf Can Help
If you are looking for an aggressive family law attorney in Worcester, Massachusetts, look no further than the attorneys at Murphy & Rudolf. The attorneys at Murphy & Rudolf strive to obtain a favorable result for you and your loved ones. If you are looking for a divorce lawyer, family lawyer, paternity lawyer, family law matters attorney, or child support attorney with extensive knowledge and experience, then look no further than the attorneys at Murphy & Rudolf.
Call (508) 570-3037 or fill out a contact form on the website.