Divorce 101: A Tough Nut To Crack
The dissolution of marriage legally is not an easy affair, especially where kids, property, or assault is involved. Such cases are handled by a divorce attorney who has a broad scope of experience when it comes to family law. Issues such as child custody and the division of property complicate the whole process, making it necessary for both parties to seek the help and guidance of family law attorneys. While it might be crucial to find an attorney that is well-knowledgeable and experienced, it is also important that one must be comfortable with them on a personal level. Divorce is considered a very emotional process, and therefore it needs delicate people skills to complement excellent legal know-how. In sporadic cases, some parties choose to complete divorce cases without legal representation as long as both decide not to. Often, such cases have no complications, such as child custody and property division.
Cases Involved in a Divorce
Each divorce is unique owing to the different nature of all legal marriages. However, the main issues that divorce attorneys deal with are described below.
The Division of Property
This is one of the most common issues that divorce attorneys handle in their divorce cases. It is a challenging issue since it involves a lot of different types of wealth and property. According to different state laws in the US, all property or wealth that either spouse acquires after their date of marriage is considered marital property, making it subject to equal division. Therefore, each party will receive an equal share of this property during the divorce process.
The Custody of a Child
Children must be catered for in the divorce case where children are involved. When parents choose to divorce, the court decides what is best for the minor(s), including where they will live and how decisions affecting them are going to be made. This is considered one of the most challenging processes in any divorce proceeding.
Child support is the monthly payments given to the custodial parent by the non-custodial parent. Child support is used to cater to the child’s needs once the court has granted the divorce. Failure to pay child support on time could lead to the arrest of the non-custodial parent or even a possible jail time.
Alimony, also known as spousal support, is the monthly payment made by one spouse to the other as per the court order or the settlement agreement. This kind of payment is designed to correct any unfair economic effects that arose as a result of the divorce. Failure to remit this payment can land a spouse in jail.
Divorce entails more than what meets the eyes. Once initiated by one spouse, the divorce process can take any direction depending on the issues involved in the case. From child custody and child support to property division and alimony, divorce cases require knowledgeable and experienced divorce attorneys. Therefore, hiring such attorneys is beneficial for every party to have a fair hearing.