Divorces are complicated legal matters that require expertise and a lot of patience. A divorce lawyer helps couples through this difficult time by understanding their rights and promoting their best interests.
In addition to distributing assets and debts, Family lawyer near me help set the terms of child custody and support. They also conduct research and gather evidence to support their client's case.
Splitting Assets
When a couple separates, they usually want to try and come to an agreement on how their assets will be divided. This is typically much cheaper and less stressful than having a judge decide on it.
If a couple cannot agree on property division, they may need to hire divorce lawyers to negotiate on their behalf. This is especially common for high asset divorces that involve professional practices or complex investments.
The law governing property distribution in divorces is state-specific. However, the general principles are similar across the country.
Child Custody
Obtaining child custody during a divorce is an essential part of the process. It determines where your children will live and how they will be cared for.
A judge considers many factors when deciding custody, but he or she usually favors an arrangement that is in the best interests of the children. This means that you should work with your lawyer to ensure that your custody and visitation plans are based on what is in the best interests of your children.
You should also know that a custody award is often subject to change, which gives parents a chance to have their orders modified if they can prove a significant change in circumstances since the last court order.
If you are facing a divorce with child custody issues, your first step is to seek mediation. Mediation is a non-adversarial process where trained professionals meet with you and your spouse to help resolve the issue. It can be a great way to avoid a lengthy court battle.
Family Debt
Like splitting assets, resolving family debt during a divorce can be a complicated, emotional and legal process. As a result, it is important to consult with a family law attorney who has experience in dealing with this type of issue.
During a marriage, spouses typically take on debt for many things, including mortgages, medical expenses, credit cards and car payments. All of these incurred debts need to be addressed during a divorce.
In most states, marital debt is split 50/50, unless the couple agrees on a different arrangement. This is a good practice for resolving debts because it will save time and money later on during the divorce.
But, if one spouse racked up debt without the other’s knowledge or made a purchase to which they did not agree, it can be difficult to determine who should pay for the debt. Ultimately, it may depend on the specific state’s divorce laws, which can make this a complex and confusing process.
Spousal Support
If one spouse was financially dependent on the other, such as during a marriage where the parties were homemakers or raised children, spousal support may be awarded. This type of financial support can take many forms.
The court determines alimony payments by considering each ex-spouse’s earning capacity and their needs. It can also take a variety of factors into account, including age and health.
Some states use a formula to calculate alimony, while others follow a more strict set of guidelines. Each state also has its own alimony worksheet or form.
A judge will generally consider the payor’s income-producing capacity, which is based on their skills and experience. This means that a person may have to look for a job or seek additional training in order to meet the court’s requirements.
Another type of alimony is temporary maintenance (also known as pendente lite maintenance). This payment is paid only during the divorce process and ends at the end of litigation.