Family Law Investigation

In the course of an at fault divorce or child custody battle, private and personal family matters may be revealed. When it comes to legal proceedings, evidence is needed to prove one's case. This is where a family law investigator can help. These private eyes are hired to procure evidence to back up a spouse's claims in court. Family law investigators can consult with attorneys to determine what specific evidence is necessary to prove a given case. Usually the investigation when involving children is focused on whether or not the other parent is a fit or unfit parent to have custody of the child. Mate Check also handles military divorce cases applying the scope of military law and how cheating being unfaithful having affairs apply.  While the divorce proceedings are being looked at by the court documenting the behavior of the other parent one might be able to proof he or she leaves the children home alone while out on the town or drinks alcohol while the children are in the car.  when the court determines custody of children in a contested custody battle they often turn to the recommendation of custody evaluators and the court appointed guardian ad litems for their recommendations as to the best interest of the child. Your spouse might also have child porn on their computer (see our Spouse and Child Porn page)  Family law investigation with regard to financial data and division of property.  Because most people lie and cry poor, transfer assets and hide assets during a divorce it is important to get a fair division of the property.  Once the divorce decree is signed you usually only have six months to reopen the decree for a mistake of material fact or also attempt to file a rule 60 ( c ) fraud to reopen a divorce.  That is if you can prove it.  You really only have one shot, once things are gone they are gone.  Investigators will gather the necessary information for you attorney to prove the misrepresentations made by your ex-spouse on their financial affidavit submitted by the court.  This will give you the evidence to win what you deserve.  When dealing in financial matters in a divorce it is also recommended to hire a forensic accountant when dealing with a lot of financial matter and data. In any domestic relation matter it is crucial to hire a private investigator, detective, private eye to get the evidence you need.

Divorce Investigation

If you suspect a cheating spouse, a divorce detective can investigate the situation for you. A private eye can use a variety of techniques to substantiate claims of infidelity. Some of the evidence collected can include photos, video, hotel bills, witness interrogations, recorded conversations, and computer files. In at-fault divorce states, a spouse who sues for divorce due to marital misconduct typically is awarded a greater portion of the marital property.

In no fault divorce states, community property is to be divided evenly between husband and wife. In some cases, however, one spouse may attempt to hide assets to avoid splitting them. A divorce detective can investigate finances and discover hidden assets such as private bank accounts, unreported income, travelers' checks, false payments, retirement accounts, and more. A divorce investigation may also be necessary to prove that your spouse squandered marital property and should not be awarded half of what remains.

Divorce Information

Divorce is defined as the legal dissolution of a marriage. There are two types of divorce: absolute divorce and limited divorce.

Absolute Divorce

The most common form of divorce is legally termed absolute divorce. In this form of divorce, marriage is completely dissolved. Legal grounds for absolute divorce depend on individual state laws, but typically it can be granted on the basis of marital misconduct (at-fault) or because the couple simply cannot get along (no-fault). The distinction between at-fault divorce and no-fault divorce can have important consequences for the outcome of the legal proceedings.

• At-Fault Divorce - This type of divorce occurs when one spouse sues for divorce due to the transgressions of the other. Grounds for at-fault divorce include cruelty (inflicting needless physical or emotional pain), adultery, abandonment, lengthy imprisonment, and inability or unwillingness to consummate marriage. Not all states offer at-fault divorce. In those that do, the spouse that can prove fault may be awarded a greater portion of community property or larger alimony payments.
  
   

• No-Fault Divorce - This describes any divorce where the spouse filing for divorce is not required to prove misconduct on the part of the other partner. Suitable grounds for no-fault divorce include incompatibility and irreconcilable differences. All states offer no-fault divorce; however, some states require a separation period before divorce can be granted. No-fault divorces are still subject to legal battles over property distribution, child custody, child support, and alimony.

Limited Divorce

In certain situations where absolute divorce is not desired, limited divorce may be an alternative. Also known as legal separation, a limited divorce means that spouses no longer live together but remain married to each other. Some couples decide to legally separate on a trial basis to determine whether divorce is the best solution to their marital difficulties. In some states, couples are required to separate for months before a no-fault divorce can be granted. Undergoing a legal separation involves taking many of the steps required for absolute divorce. It is more common for those in troubled marriages to have an informal trial separation, but this requires some cooperation to create a suitable working arrangement.

For more specific divorce advice that applies to your situation, please contact a divorce lawyer today. The attorneys in our national network are experienced with divorce procedures and can help you get a fair settlement.

Annulment

In addition to divorce, there is another option for dissolving a marriage, which is to revoke it by annulment. Similar in some ways to a Catholic annulment, a legal annulment means that the marriage is determined not to have been valid in the first place. Therefore, the marriage is treated as if it never existed. Acceptable grounds for annulment vary by jurisdiction, but typically include:

• Misrepresentation - One example of misrepresentation is lying about an existing marriage in order to enter into a new marriage (bigamy).

• Concealment - Some possibilities of concealment include non-disclosure of a sexually transmitted disease, felony conviction, or drug addiction.

• Non-Consummation of the Marriage - This refers to the refusal or inability of one party to engage in sexual intercourse with the other once married.

• Misunderstanding - Examples of misunderstanding include one party thinking that the other wanted children when he or she did not.

Other Divorce Issues

About Alimony

Another issue to be resolved in a divorce is whether or not one spouse is to receive alimony. If one spouse earns significantly more than the other, he or she may be ordered to pay alimony. These payments help to support the other spouse after divorce or during separation. There are three main types of alimony:

• Permanent Alimony - This type of alimony is awarded after a divorce and consists of recurring payments that may change or end if the receiving party remarries.

• Temporary Alimony - During divorce proceedings or separation, ongoing payments may be awarded. Temporary alimony can include money for divorce costs and daily living, and it is paid until the court has made a determination on permanent alimony.

• Lump Sum Alimony - This form of alimony is paid all at once. Only some states allow lump sum alimony payment.

Although most alimony payments are made from the husband to the wife, in instances where the husband is a homemaker and caretaker of the children, the wife will be required to pay alimony. Individual states have different laws regarding alimony. In some, marital misconduct (in an at-fault divorce) may be taken into consideration when determining alimony payments. Other states observe a no-fault alimony policy. If you are not sure what the law is in your state, a divorce lawyer from our national network can help.

Alimony and Child Support

While child support payments are often made to provide financial assistance to the ex-spouse with custody of the children, sometimes alimony is used for this purpose instead. Child support is neither tax deductible for the payer nor taxed as income for the recipient. Alimony, on the other hand, is usually structured so that the payments are deductible by the payer and treated as gross income by the payee. For some, this arrangement may be more beneficial for tax purposes. When settling a divorce involving children, the parties generally decide how to structure child support and/or alimony payments so that taxes are reduced.

Alimony Recapture Calculators

Because alimony payments are frequently tax deductible, the government has a way of making sure alimony is not being used to disguise property settlements. If alimony payments decline by more than $15,000 dollars over the first three years, the payer will be subject to alimony recapture. This means that a portion of claimed tax deductions have to be repaid. In order to avoid recapture, you can either use an alimony calculator to figure out an appropriate payment structure or consult a knowledgeable divorce lawyer.

If you are going through a divorce and are concerned about alimony payments, contact an experienced divorce attorney today for legal and financial advice.

Child Custody Issues

Divorce can be especially hard on children. As a result, it is important to resolve child custody issues as soon as possible. Determining what types of custody and/or visitation rights are appropriate can be difficult, and consulting a family law attorney can aid compliance with child custody laws.

Child Custody Rights

There are four types of child custody:

• Legal Custody - The right of a parent to make decisions about a child's upbringing

• Physical Custody - The right of a parent to have the child live with him or her

• Sole Custody - One parent has both legal and physical custody of a child

• Joint Custody - Both parents share legal custody, physical custody, or both

If either parent is unable to care for a child, a grandparent or other relative may be awarded custody.

For more detailed information on the types of child custody and how custody is determined, contact a family lawyer today.

Child Visitation Rights

Those parents who are not awarded physical custody of their children may be entitled to visitation rights. There are three types of child visitation:

• Reasonable Visitation - This form of child visitation involves reasonable times and places that are determined by both parents.

• Fixed Visitation - The court orders times and places for child visitation.

• Supervised Visitation - An adult supervisor must be present during visitation.

In addition to the non-custodial parent being awarded visitation rights, there has been precedent for grandparents being awarded child visitation. This issue is still hotly debated in the legal community.

If you or someone you love is going through a child custody battle, you may want to contact a divorce attorney for more information.

About Paternity

Since fathers often pay child, it may be important to establish paternity. Fathers that may be required to pay child support include:

• Acknowledged Father - The biological father of children born to unmarried parents.

• Presumed Father - There are four conditions in which a man can be presumed to be the father of a child:

  • The man was married to the mother of a child when it was conceived or born.

  • The man attempted to marry the mother of a child when it was conceived or born.

  • The man married the mother of the child after it was born and agreed to have his name put on the birth certificate or agreed to support the child.

  • The man welcomed the child into his home after it was born and considered the child as his own.

• Equitable Father - A father who is not the biological or adoptive father of a child, but who has a close relationship with the child that is encouraged by the biological parents.

• Unwed Father - A man who does not marry the woman who bears his child.

In most cases paternity is presumed under the law; however, there are many instances in which it needs to be legally established. One way to establish paternity is for the man to sign a form acknowledging that he is the father. This gives the mother the right to collect child support, but it also gives the father some child custody rights. It is important to fully understand the legal ramifications of establishing paternity before having any papers signed. Once established, paternity is difficult to change. If a man refuses to sign a voluntary paternity acknowledgment, a paternity test can be administered.

DNA Paternity Testing

A paternity test can be used to determine if a man is the biological father of a child. DNA testing may be necessary to establish the paternity of an unwed father who refuses voluntary acknowledgement. In this case, the paternity test is usually requested by mother trying to collect child support.

A DNA paternity test can also be used to show that a certain man is not the biological father of a child. This type of paternity testing might be requested if an ex-husband believes that he did not beget the children he is supporting financially. In some cases, a woman may request a paternity test to show that a man is not the biological father in a child custody battle.

DNA paternity tests are most often performed using buccal (cheek) swabs or blood samples from the man and child. While not essential, tissue samples from the mother can aid the identification process. DNA testing can also be performed using other samples of tissue like hair, semen, and skin. In some cases paternity may need to be established before birth, and there are ways this can be accomplished as well.

If you are interested in learning more about child support and paternity testing, you may want to contact a family law attorney for more information.