Frequently Asked Questions About Family Law

1. What is family law?

Family law encompasses a range of legal issues that relate to family relationships. This includes divorce, child custody, child support, spousal support (alimony), property division, adoption, domestic violence, and prenuptial agreements, among other matters.

2. How is timesharing (custody) determined?

Timesharing, often thought of as custody, decisions are based on the best interests of the child. Factors considered may include the child’s age, the stability of each home environment, the distance between  the parents’ home and school, and each parent’s ability to provide for the child’s needs. Courts presume that equal timesharing (50/50 custody) is in the best interest of the child but may deviate from that based on the case specific factors and award one parent more time. 

3. What factors influence child support payments?

Child support payments are determined based on various factors, including:

• Income of Both Parents: The earnings of both parents play a significant role in calculating support obligations.
• Child’s Needs: The needs of the child, including education, healthcare, and special needs, are considered.
• Custodial Arrangement: The amount of time each parent spends with the child can affect support calculations.

4. How long does the divorce process take?

The duration of the divorce process can vary widely depending on factors such as the complexity of the case, whether it’s contested or uncontested, and the court’s schedule. On average, an uncontested divorce may take a few months, while a contested divorce can take several months to years. Your attorney will provide a better estimate based on your specific circumstances.

5. What is the difference between legal separation and divorce?

Legal separation allows couples to live apart while remaining legally married. This arrangement can address issues like child custody, support, and property division without formally ending the marriage. Divorce, on the other hand, is the legal dissolution of a marriage, which permanently ends the marital relationship and allows both parties to remarry.

6. Can I modify a custody or support agreement?

Yes, custody and support agreements can be modified if there has been a substantial and material change in circumstances. This could include changes in income, relocation, changes in the child’s needs, or changes in parental availability. To modify an agreement, you typically must file a petition with the court, and your case will be evaluated based on the change in  circumstances and the best interest of the child.

7. What is a prenuptial agreement?

A prenuptial agreement (or prenup) is a legal contract made before marriage that outlines how assets and debts will be divided in the event of a divorce or separation. Prenups can help protect individual assets, clarify financial responsibilities, and reduce potential conflicts in the future.

8. How do I get started with my family law case?

Getting started with your family law case is easy. Contact Aloia | Roland for a free consultation. Our experienced attorneys will listen to your concerns, review your situation, and provide you with the legal guidance you need to navigate your family law matters effectively.