Family Law Services
Divorce is a frustrating ordeal in itself, but it is even more frustrating when children are involved. In the law office of Eggert & Associates Attorneys at Law, we are professionals in all aspects of family law, whether it’s mediation, alimony or child custody. At Eggert & Associates, our team is known for winning cases and achieving the best result for each family, individual or couple.
Our leading legal team in Salem, Oregon can offer you the subsequent family law services:
What is the difference between divorce an annulment?
An annulment is a procedure that virtually erases a marriage. Legitimately, an annulment declares that a marriage never existed and is invalid. A divorce is the ending of a valid marriage and returns both parties to single status. Depending on the state, divorces can be more complex than annulments, especially when also involving custody.
Causes for annulment in every state include:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical incapability
- Inability to consummate marriage
- Underage marriage
There are no-fault and fault divorces. A no-fault option allows the termination of a legal marriage in which neither party takes blame for the split. A fault divorce is settled when one spouse can verify acceptable justification.
Legal justifcation for a fault divorce in every state include:
- Physical/emotional mistreatment
- Substance abuse or other addictive problems
Allocating assets and liabilities
Marital property comprises all the assets and liabilities that were sustained during the marriage. It usually will not matter whether or not the asset or liability is legally owned by one spouse or both.
Marital property includes:
- Bank accounts
- Retirement accounts
- Real property
- Business interests
- Airline miles
- Credit card debt
A prenuptial agreement (prenup) is a common legal step taken before getting married. It establishes the property and financial rights of both spouses in the occasion of a divorce. Prenups are used to protect assets, businesses, avoid assuming the other party’s debt, bring forth financial accountabilities, determine how property will be passed upon death and avoid long, expensive divorce disagreements.
Alimony is a monthly spousal aid payment made by own spouse to another in unity with a deal or court decision. Alimony is awarded to correct any unequal economic effects triggered by a divorce, for instance if one spouse is non-wage-earning or lower-wage-earning. Alimony is decided by the age, mental state and financial condition of formal spouses, the standard of living during marriage, the period of time the receiver would need to become autonomous, the length of the marriage and the ability of the supporter spouse to support him or herself while paying alimony.
Child custody will always be arranged dependent on the best interests of the child and sometimes these choices are very difficult for parents to make.
The best of interest of a child is settled according to the following factors:
- The child’s age, gender, mental and physical health
- Health of parents
- Lifestyle and social elements
- Love and emotional ties between parent and child
- Parents’ ability to provide food, shelter, clothing and medical care
- Quality of schools in the area
- Child’s preference if over age 12
- Skill and inclination of parent to support a good relationship between child and other parent
- Environmental stability
Types of custody arrangements
- Legal custody: The right and responsibility to make choices about child rearing. This includes education, religion, medical care and discipline. When bestowed joint legal custody, parents share these rights.
- Physical custody: The ability of a parent to have a child with him or her. Most courts order joint physical custody, though the time-split is often different than 50/50.
- Sole custody: Sole custody arrangements give one parent complete custody rights and permit the other only visitation rights.
- Joint custody: This custody allows parents to coordinate their schedules and share decision-making accountability.
- Bird’s nest custody: This happens when the child stays in one home and parents interchange in and out of the home and take turns providing the child.
Child support is a prearranged sum of money that is typically paid monthly to the spouse who maintains primary custody of the child. Child support is intended for basic needs like food, housing and clothing, health insurance medical care and educational expenses. Child support is chosen based on each parent’s monthly income and costs. Centered on this financial evidence and the expanse of time each parent devotes to the child, the court uses a formula to regulate child support.
Family law mediation
Family law mediation is used to work out family quarrels. With family mediation, a neutral third party mediator encourages two parties to overcome their differences as they reach an agreement. Family mediation can save the parties’ time and expenses associated with trial, but the results may not be legally binding.
If you are divorcing on the foundation of physical or verbal cruelty, you can defend yourself and your children with security and restraining orders from Eggert & Associates. These orders keep you far away from the abuser in order to stay unharmed. Though a protective order can’t fully remove the possibility that someone will stalk or assault you, it will enable you to contact the police and have the abuser put in prison should they disobey the binding rules of the order.
This normally denotes a parent’s privilege to make conclusions concerning a child’s education, health care and religion. Deliberating rights and duties can be frustrating, especially when it comes to parental accountability of any spiteful or criminal conduct of your child. You are only liable for your children’s actions until the age of 18.
If other options haven’t worked for you, adoption is a wonderful way to create a family. The adoption process in Salem can be long, complex and frustrating, but an attorney from Eggert & Associates can guide your family through it. Whether you’re an expecting mother considering adoption or a parent who wants to adopt a child of their own, we can help your dreams come true.