FAQs

John Wayne Beard, Attorney at Law

Have a family law-related question? We have the answer. Check out these FAQs and give us a call today for more information!

  • What's the difference between a will and a trust?

    Both a will and a trust dictate the distribution of assets, but a will operates after death, while a trust can manage assets during life and after.

  • How can I protect my assets in a divorce?

    There are various legal strategies, such as prenuptial agreements or trusts, which can safeguard assets from being subject to division during divorce proceedings.

  • What happens if I die without a will in a blended family?

    Intestacy laws may distribute assets among surviving family members but potentially exclude stepchildren or unmarried partners. This emphasizes the importance of having a will. It is generally much less expensive for your heirs to probate a will than for them to deal with intestacy.

  • Can I change my will after a divorce?

    Yes, it is crucial to update your will after a major life change, such as a divorce, to reflect your current wishes and ensure former spouses aren't your beneficiaries.

  • How does joint custody work?

    Joint custody typically involves both parents sharing the decision-making responsibilities and physical custody of a child, fostering cooperation and involvement in their life. Joint custody does not necessarily mean that there won't be child support, nor does it guarantee 50/50 possession of the child.

  • What are factors that determine child custody?

    The courts consider numerous factors, including the child's best interests, parental involvement, stability, and each parent's ability to provide a safe, nurturing environment.

  • Can grandparents seek visitation rights?

    In some jurisdictions, yes, grandparents may petition for visitation rights if it is in the best interests of the child and their relationship with their grandparent is beneficial.

  • How are assets divided in a divorce?

    Asset division depends on whether or not the divorce is based on fault. It can vary by jurisdiction but typically a no-fault divorce involves equitable distribution, where marital property is divided fairly but not necessarily equally.

  • What happens if one spouse contests a will?

    Contesting a will can lead to legal challenges, requiring proper evidence to support any claims of undue influence, fraud, or lack of testamentary capacity.

  • How can I ensure my children are provided for after my death?

    Establishing trusts or designating guardianship in your will can make sure of your children's financial security and well-being in the event of your passing.

Share by: