Realizing that divorce or dissolution of marriage is in your future can be a very difficult time in your life. Decision making in a divorce situation is often motivated by money, children, and emotions, all of which are very important aspects of people’s lives.
A divorce attorney can help you structure your divorce in the most beneficial way possible for both you and your children.
Let’s start with the basics…
Couples who want a divorce must petition the court. This usually involves a formal, written request that the marriage be dissolved. How long a divorce takes will depend on any required waiting periods and what type of case is involved.
For example, a case where the couple contests the divorce (or any aspect of the divorce like alimony or child support) will take longer than a case where the couple agrees on everything.
3 Common Examples of Typical Divorce Decisions
When you are involved in a divorce proceeding, there are several decisions that you need to make. Each decision could have a significant effect on your future (and your children’s future), so it is important to think carefully about the consequences.
Below are a few examples.
1. It’s All About the Children
If you are a parent going through a divorce, you must consider child support, timesharing, and alimony. Parents must decide who should take full-time care of the children.
Often, the court can arrange a shared custody situation, but for couples that can no longer make decisions together, shared custody may not be a good option.
You will also need to consider when visitation is appropriate and how much child support you may need if you are taking full-time care of the child.
Although you may not ultimately get to decide some of these issues, the court may ask for your input. If you and your spouse can decide how to deal with these issues, then that will make your divorce move much more smoothly.
2. Property, Property, Who Gets the Property?
Property is generally divided in such a way that it is as equal as possible. However, that may still mean that one spouse receives some items while the other spouse gets other things.
For example, the spouse with full custody of the children may be granted the house so the children can continue living in the family home.
Very personal items will also need to be considered. Do you want to be sure that your grandmother’s vase is awarded to you in the property settlement? Then bring that up in any property award discussions.
3. Show Support
If one spouse makes significantly more money than the other, then it is possible that the lesser-earning spouse will be awarded alimony or spousal support. This type of support is designed to allow the other spouse to still live in a manner in which he or she was accused before the divorce.
If you are considering divorce, speak with a divorce attorney to discuss the options and factors that are unique to your specific situation. Every case is different, and individualized advice from a knowledgeable divorce attorney is extremely important.