Child custody and divorce are emotionally difficult for everyone involved, and in such trying times, it is important to hire an attorney who is sympathetic and can protect your interests. Both parties’ finances are negatively affected during a divorce, and the parent without primary custody typically recovers faster. A Child Custody Lawyer Clarksville can protect the best interests of the child, but when parents divorce in a hostile manner, the process can be more difficult.
Many states have these laws, which allow parties to get a divorce without establishing wrongdoing by the other party. In most cases, divorces are granted if the marriage is irretrievably broken, but fault issues may be considered where they are relevant to property division and child custody issues.
To petition for divorce, a complainant must meet the jurisdictional residency requirements, which vary by state. When the respondent lives in a different state, local courts can usually grant a divorce, but may be limited in the ability to determine child custody or divide property. In some cases, the out-of-state spouse can allow the local court to make decisions for them.
Under most circumstances, there is a ‘cooling off’ period before a divorce is granted. It is possible for trial courts to find extenuating circumstances that allow the waiver of the waiting period, but the full waiting period is usually observed. Child custody issues can affect the waiver or imposing of the waiting period.
Where Fault is an Issue
Divorce is traumatic for everyone involved, but the children often suffer the most. By hiring a Child Custody Lawyer Clarksville, you can protect your share of the marital assets, and you can make sure you are acting in the best interests of your children. As long as both sides have adequate legal representation, divorce can be an equitable solution.
Some states only consider fault issues when dividing assets or determining alimony (spousal support). Under most of these circumstances, the trial court will not make drastic changes when dividing property. With child custody litigation, fault issues can be raised as one parent tries to prove themselves more ‘fit’ than the other parent.
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