Common Issues Involved in a Divorce
Divorce is the legal termination of a marriage. Most partners usually resort to this legal process when other means of settling the problems they are facing have failed. Since there are several issues involved in the divorce process, a divorce lawyer is usually needed by both parties involved in the legal action.
Although each divorce is unique and has its sets of issues, there are some common issues most divorces share in common.
Here are some of the main issues a family law attorney regularly deals with in a divorce case.
Division of Property: In most US states, properties acquired by any of the partners after they are officially wedded are considered ""marital property."" As such, this property is subjected to equal division.
Dividing properties can be difficult, especially in a situation where one party has contributed significantly compared to the other. The most contributing party always tries their best to retain a huge portion of the property acquired. A divorce mediation attorney is usually in the best position to handle this issue. Since they have the experience and skills needed to ensure everything goes smoothly.
Alimony: Also referred to as spousal support. Alimony is payment made by one partner to another every month. The amount to be paid is usually in accordance with a court order to mutual agreement between the partners. The purpose of alimony is to soften the economic and financial effect of a divorce on the dependent.
Child Support: This is a payment made by a noncustodial parent to the custodial parent for the upkeep of the child or children involved in the divorce. Just like alimony, child support payment is also made every month.
Child Custody: In a case where the splitting couples have a child between them, they usually need to determine who will be in charge of the kids. This decision covers things like where the child will live, who will be responsible for their day-to-day monitoring, who will make decisions for the kids in case they are minors etc.
In a situation where both parents can't decide on who will have child custody. The court can decide for them. Using some criteria, the judge will decide on the parent that is best fit to handle the children. To increase your chances of getting child custody, it is always best to hire a child custody lawyer.
Division of Debt: A lot of couples accumulate debt during their marriage. This debt is referred to as “community debt” and is usually divided by the judge during the divorce. Sometimes a partner may be awarded a larger portion of the debt compared to their counterpart. This could be because they have more earning power, or they solely benefited from the debt.
In case you are or anyone close to you is going through a divorce and you are worried about any of the issues listed above, you should schedule a session with an experienced family lawyer immediately. The lawyer will be able to enlighten you on things to do and steps to take to avoid getting cheated on by your partner and their legal counsel.