Attorney James M Smith

While it was sometimes much more difficult for fathers to get custody of their children in the past, this has changed. In a divorce case that involves children, the court will look at factors like the child's preference, the mental and physical well-being of each parent, and the environment each parent could provide when making custody decisions.

If your divorce involves children, it's important to have the expertise of a family lawyer who has worked out a number of different custody relationships. We can steer through a 50-50 arrangement, or fight for your rights if the other side pushes for full custody.

Asking for help before your marriage breaks up may not have worked- but you can have the necessary help once the worst has happened. That can be offered by an attorney who can work through the paperwork with you and help you prepare the case that will get you your best settlement.

Did you know that divorce orders of one state are automatically validated in all states? Courts in all states honor and uphold divorce decisions made by other courts.

If, once a couple is married, they decide they want a contract to protect them in case of death or divorce; it is possible to come up with a post-nuptial agreement that can be legally binding if Statute of Frauds conditions are met.

Since child custody cases can quickly turn heated, it’s important to attempt reaching an equitable solution prior to going to court. Holding out for a judge’s ruling has the potential to backfire.

Did you know that prenuptial agreements, which detail the division of property in the event of a divorce, have been around for thousands of years? Royal families in the Far East and Europe commonly relied upon prenuptial agreements to protect property.

So what exactly is comparative rectitude? This is a situation in which both spouses seek a fault divorce and both are able to prove that the other is at fault. Here, the court decides who was at fault and grants that person the divorce.

Did you know that once you and your spouse no longer live in the same state, child custody proceedings can become more complex? When facing this, it’s important to have an attorney by your side who understands how to navigate interstate hearings.

Not yet ready for a divorce or annulment? A legal separation is the first step in that decision. We can help you figure out the best options for children, assets, and is many times a requirement before being allowed a divorce.

Unfortunately, even the most close-knit family can resort to feuding over an inheritance. If you want to ensure there’s no room for your children to fight over your estate after you’re gone, creating a will or trust is a good option.

Have you been considering using a surrogate to carry your children? If you’re planning to draw up legal documents to spell out all the details, this is best handled by a family law attorney.

Ask about the annulment laws in the state if you think your marriage qualifies. Often, a material dishonesty can lead to an annulment. So if one spouse thought the other was terminally ill or rich and that's the reason for the marriage, that is the type of dishonesty that can trigger an annulment.

There is so much going on in any divorce situation. From children’s guardianship concerns to money being split, and perhaps selling a home or vehicles- it can be confusing. An attorney can help you make sense of it all and ensure that your rights are defended to the greatest extent possible.

One of the most common ways in which paternity is legally established is through DNA testing (usually when one party is contesting the paternity allegations). If neither party objects, paternity can also be established by placing the father’s name on the child’s birth certificate.

We recognize how difficult it can be to stay focused on the reason for your call when you’re in the middle of a messy divorce. Let’s talk about how we can spare you the unpleasantness of dealing with your spouse by taking over communications.

What are the three main types of alimony? Permanent alimony, temporary alimony and lump sum alimony. All three types of alimony are commonly used during divorce proceedings depending on the circumstances surrounding the divorce.

It’s critical in divorce that you fully disclose all your assets and property. The court can throw out at a divorce decree based on financial deception, even years later.

When you want to adopt a baby, it’s always a good idea to involve a family attorney to ensure that you’re following the very letter of the law. Working with an experienced attorney in the beginning can help you to avoid legal issues as the child gets older.

If your former spouse is an unstable force in your children’s lives, it may be necessary to limit the time they spend together. Let’s talk about your options for visitation.

In family law, an alternative dispute resolution is an out of court settlement process that involves arbitration, mediation, negotiation, or collaborative law, but not litigation. This can be a faster (and sometimes gentler) way of achieving resolution than going to court.

What are the main 5 types of legal adoptions? Agency adoptions, Independent adoptions, Identified adoptions, Relative adoptions and International adoptions. The right type of legal adoption for potential parents will depend on the circumstances surrounding the adoption.

There are many enormously important issues to resolve when a couple decides to divorce. Often, an amicable resolution is just not possible. The job of an experienced family law attorney is ensuring that your divorce settlement is fair.

In divorce law, separate property refers to either property acquired prior to the marriage or property that is easily definable as separate, such as a gift, court award, or inheritance.

Are you considering expanding your family through adoption? We can help you with all your questions of open or closed adoptions, domestic or international. There are many ways to provide a home to a child who needs one, and we want to make it as easy as possible.

If you’ve got a situation within your family that you’ve been unable to settle amongst yourselves, it may be time to bring in an attorney. Let’s talk about how working with a family law attorney can help you settle the issue before things deteriorate further.

Did you know that the final divorce judgment is generally not written by a judge? Family lawyers know that, and they are used to putting together a document the judge can look over and sign, but it’s a common mistake made by spouses trying to save money by not hiring an attorney.

Child support is commonly involved in divorce cases that involve children under 18. Generally speaking, child support is paid to the parent with custody of the children, and support is determined by the amount both parents earn.

A “simple” divorce is rarely ever truly simple. There are many details that should be worked out carefully so that both sides receive a truly fair settlement. That may involve painful issues like child care and money, so it’s much better for both sides to have an attorney who can help referee the discussions.

When you have a large estate with significant assets, you may wonder if your wishes will be followed after your death. Let’s talk about whether a will or trust is the best option for ensuring your estate is properly divided.