Whether you’re going through a divorce or a legal separation, an experienced attorney can help you make the best decisions for your family. A skilled lawyer will understand your emotions, anticipate the outcome and offer options you may not have considered.
Darren Shapiro is an experienced Divorce lawyer in Nahariya and can address issues such as child custody, property division, and alimony. He also offers divorce mediation as an alternative dispute resolution process.
Child custody
Child custody is one of the most important issues in a divorce or legal separation. It decides where children will live and which parent they will spend time with. A couple can work together to create a custody arrangement, or they can have the court make a decision based on the best interests of the children.
Parents can seek sole custody, exclusive custody or joint custody. The courts will consider many factors when deciding custody. For example, if a parent has a history of domestic violence or drug abuse, they might not be awarded custody. Likewise, if a parent is accused of parental alienation, they may not be granted custody.
The courts will also take into account a parent’s ability to care for the child and their relationship with the child. They will not award custody to a non-parent unless they can prove that it is in the best interest of the child. This is usually only done in cases of domestic violence or serious substance abuse.
Property division
Property division is a vital part of the divorce process. It determines how assets and debts are split between spouses. It can be a complex issue because some assets are considered marital while others are separate property. It is important to properly classify your property in order to ensure a fair division. Often, this requires a detailed assessment of the property’s value.
While it is preferable to reach a mutual agreement on property division with your spouse, this is not always possible. In these cases, you may have to turn to a divorce judge. A judge will apply the state’s equitable distribution rules to determine what is a fair share of the property for both parties. This process can be time-consuming and expensive, but it is usually worth it in the long run. The court will evaluate a variety of factors, including the duration of the marriage and the contributions each party made to the acquisition of the property.
Alimony
Alimony, also called spousal support, is court-ordered financial payments made from one spouse to another during or after a divorce. It’s designed to help a former spouse maintain their standard of living. Courts consider factors like each spouse’s earning capacity, their lifestyle during the marriage, and how long they were married. In addition, they often consider how much each spouse contributed to the couple’s joint expenses.
Unlike child support, alimony is not always modifiable. However, it’s possible to request a modification if there’s a significant change in circumstances, such as the paying spouse retiring or the supported spouse getting a raise.
A judge can award alimony if either spouse is financially dependent on the other. This could be because they are a stay-at-home parent or because they have little income. Alimony can be paid in lump sum or periodically over a set period of time. A judge can also order rehabilitative alimony, which is meant to help a spouse advance their career or get an education that will boost their income.
Separation agreements
A separation agreement is a written contract that outlines the terms of your separation. It can help you and your spouse reach an understanding about important issues such as property division, alimony, custody, visitation and child support. A lawyer can draft this document for you, especially if there are children, assets or debt involved. Typically, an MSA is prepared during the legal separation process but can also be drawn up after a divorce has been filed.
A legal separation allows you and your spouse to live separately while still being legally married. This can be beneficial if you want to protect your religious, financial or social interests. Regardless of whether you end up with a divorce or not, it is crucial to have an agreement about property division, alimony and parenting before the end of your legal separation. Otherwise, it could be difficult or impossible to change later on. A lawyer can assist you in drafting this document and ensuring it is fair to both parties.עורך דין גירושין בנהריה