What You Need to Know About Filing a Family Law Case
Filing Family Law Cases
Whether you arrived at this decision on your own or together, divorce is still a highly emotional time in one’s life. It’s the end of one thing, but the beginning of so many others. There are still a couple of things one must know when filing a family law case.
Your Legal Rights
When it comes to divorce, you have many different legal rights, and it’s best to know them and explore your options before making any decisions.
Staying at Home During a Proceeding
If you own your home and no longer have a mortgage, it is most likely the most expensive thing you possess. If you’re married, you both have the right to live at home, unless a judge suggests that one of you should move out, or if you come to a decision on your own.
Even though you own it, so does your spouse, so if you were looking to rent it out, sell it, or mortgage it, you cannot do so without the others permission. This is also true for those couples who lease, even if it’s only in your name, you can’t do anything without permission.
If you both want to stay in the family home and can’t decide who needs to move out you may contact a lawyer, or mediator to help resolve any issues. You can also take the matter to court and let the court decide.
Where Do Children Fit In?
If you have children when going through a family law case, the children can be casualties. It’s a hard time for them as well, and if they’re young, they may not fully understand what’s happening.
Usually, the parent who gets to stay in the family house is the parent who keeps the children. This is primarily to avoid any further upheaval and stress. It’s also to help them adjust to their new family situation in an environment which is familiar, so they can feel safe.
Settling Disagreements in Court
If you and your spouse are unable to see eye to eye and settle the issues you have to option to solve it in court and ask a judge to make the decision for you both.
But there are some situations, usually where the split has been mutual, where you and your spouse can be civil. However, even if there was only one issue in the way you can still settle it in court. Usually, if it’s a decision and either your family home or children are involved, then it gets solved quickly.
If you can’t decide what’s best, you can also apply for a temporary order. This is usually used when dealing with this such as custody of kids, the house, and support payments.
Is a Lawyer Necessary?
No, you don’t need a lawyer to go to court. Although this means that it’s your responsibility for completing all of the necessary paperwork and meet all of the deadlines which at times can be confusing.
When you decide to file a family law case, there are many different variables and factors you need to take into consideration. It’s not something to be entered into lightly and unaware, so it’s imperative that you do your homework before filing, or find someone who can help you.
