The dreaded “D” word. Whether it came up once or multiple times throughout your marriage, once the papers are served, the ball starts rolling and won’t stop until it reaches its conclusion.
Sometimes divorce can be mutual and end amicably or it can be a nasty tooth and nail fight. While there will be many steps to take during the divorce process, finding a divorce lawyer should be your first step as they will help you understand these three highly contested topics:
Community Property Vs. Equitable Distribution
You’ve seen it on daytime dramas and movies, where the wife gets the house and the husband the car, only to have both fighting over the dog.
This is because throughout the course of the marriage, various assets and debts were acquired. What most people now facing divorce don’t know is, what constitutes community property or what equitable distribution is.
If you and your spouse can agree on what goes to who, this process can be much less stressful. If not, make sure to bring all of your assets and debts to your attorney’s attention so they can best assist with what debts or assets were solely yours and which belong to the both of you.
Alimony
Alimony, like property, is hotly debated when a marriage has past the ten year marker or when one spouse has been a stay at home parent/homemaker for many years. There are many different types of alimony, however your attorney may discuss these three with you:
- Temporary Alimony
- Is a often awarded when one spouse requires financial support during the divorce process. This typically happens when one spouse earns less than the other and alimony ends once the divorce has finalized.
- Durational Alimony
- Is awarded when other types of alimony are unable to meet a spouse’s needs. This type of alimony will only last the length of the marriage, meaning that if your marriage lasted for 8 years, you will not receive alimony for longer than that term.
- Permanent Alimony
- Is rarely awarded but it’s worth mentioning. This type of alimony is awarded when a spouse will be unable to support themselves within a specific standard.
Child Custody
Arguably the most difficult aspect to the divorce proceeding for divorcing parents. Honestly, this will be the one part of the divorce process that will put both parents on edge.
This is when finding a good divorce lawyer is important, you want to find someone who is not only knowledgeable about the divorce proceedings but also has a strong background in family law.
They will help you to determine what type of visitation each parent will have, and to whom the child will reside with if the child custody isn’t shared parenting. They’ll also prevent you from falling prey to the many pitfalls that can happen during this difficult time.
Divorce, rarely easy, will impact many facets of your life. When divorce is your only option, make sure that the attorney you’ve chosen can help you wade through these topics and help you get your life back on track.
