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Are You Thinking Of A Divorce? Read This Now... by canozy(m): 10:05am On Dec 04, 2022 |
No one looks forward to the day when their marriage hits the rocks and they feel compelled to seek a divorce, but sometimes there's no other option left. If that's the case with you, these tips on how to handle a divorce will help you get through the legal process while protecting your best interests and those of your children. We’ll discuss how long it takes to get divorced, as well as some of the most common issues that arise during the dissolution process, such as property division and child custody arrangements. Knowing Your Rights Know what is at stake from a legal perspective. If you feel your partner has violated your rights (for example, if you think he or she has not been paying you enough child support), then it’s essential that you contact an attorney. Your family law attorney will be able to advise you about whether or not there are grounds for divorce in your state and whether or not it makes sense for you to pursue legal action. In many cases, couples who seek out legal counsel find they can work through their issues without having to go through with a divorce. However, if you do decide to file for divorce, your lawyer can help ensure that all of your interests are protected throughout the process. This means everything from making sure you receive alimony payments to securing custody of your children. It’s also important to know how property is divided during a divorce. Depending on where you live, marital property may be divided evenly between spouses, or unequally based on factors such as each spouse's contributions to acquiring assets during marriage and other circumstances unique to each case. Understanding The Divorce Process Although every divorce is different and no two attorneys will handle cases in exactly the same way, there are four primary components that make up most divorces. These are alimony (spousal support), child custody, child support and division of assets. We’ll look at each in turn. Alimony can be paid as either spousal support or maintenance, depending on whether it’s intended to allow one spouse to maintain his or her standard of living after a divorce. As part of your divorce settlement, you may receive ongoing payments from your ex-spouse for housing expenses or household help like childcare or cleaning services. Child custody refers to which parent is granted legal responsibility for child rearing and decision making in matters relating to education, health care and religion. Parents are also generally required to make financial contributions toward their children’s care until they reach adulthood (age 18 in most states). Child support is an amount that must be paid by one parent (usually but not always the noncustodial parent) directly to another (usually but not always custodial) parent for their child's upbringing. Get Adequate Representation It's important for people involved in a divorce (or even considering getting divorced) to consult with an attorney. It's not enough just to decide you want out of your marriage and think that you can figure everything out on your own; you need an expert in family law who understands your goals, plans and concerns. To achieve these aims while navigating through divorce proceedings as smoothly as possible, it's important to hire legal counsel well-versed in family law. This is because there are many things to consider when going through a divorce, including dividing assets and property, determining child custody arrangements and working out spousal support payments. When filing for divorce, it's also critical to make sure that any claims made by either party are truthful—especially when accusing one another of infidelity or abuse—because lying about these details could result in additional criminal charges. Check these out: 5 Reasons to Hire a Family Law Attorney https://skippertell.com/5-reasons-to-hire-a-family-law-attorney/ 7 Types of Lawyers You Should Consider for Your Case https://skippertell.com/7-types-of-lawyers-you-should-consider-for-your-case/ Set ground rules with your ex-spouse Before you start attacking your soon-to-be ex-spouse in court, you’ll want to establish some basic ground rules with them. Think about how long it will take for each of you to move out of your shared home; who will have access to any shared accounts or files; and whether either of you is likely to be tempted into spending too much time in your old marital home. It may also help to agree on a neutral location where both parties can meet to discuss important issues (such as finances) going forward. Even if you don’t see eye-to-eye on everything, getting these details worked out before starting divorce proceedings could save you lots of headaches down the road. Be Aware Of Filing Deadlines In many states, there are time limits for filing or responding to divorce papers. If you miss your deadline, it may be impossible or very difficult to pursue your case further. It’s important to consult with an attorney as soon as possible if you believe that your spouse is contemplating divorce and/or has already filed papers. (You can check court records online in most jurisdictions.) This way, you will know whether your spouse has been served with divorce papers, what steps he or she must take next, and when he or she must act by. Filing deadlines are also known as service of process deadlines; they typically fall between 20-30 days after a petition for dissolution of marriage is filed. Failure to comply could result in dismissal of your case entirely—so don’t miss out on any key dates! Finalize a Parenting Plan During divorce proceedings, parents (or their attorneys) will negotiate and draft a parenting plan (often called a custody agreement or time-sharing agreement). A parenting plan spells out exactly how much time each parent will spend with his or her children. If parents cannot agree on such issues as who pays for child care and when kids can travel out of state with whom, then they must appear in court before a judge decides these matters. Once finalized, a parenting plan is enforceable by law. This means that if one parent violates it—for example, by failing to return a child from an agreed-upon visit—the other parent may go back to court and ask that sanctions be imposed. Negotiate a Favorable Settlement Agreement When divorcing your spouse, you’ll want to start with an agreement as to how you will split your assets and settle custody of your children. You can find family law attorneys in your area who handle divorce by researching online (websites like Avvo provide profiles for divorce lawyers). You might also ask friends or colleagues for recommendations. Once you have several potential candidates, it’s time to get down to business. Schedule meetings with each attorney, and be sure to ask them about their experience handling divorce cases. This is important because not all legal professionals are familiar with family law—you want someone who has handled many divorces before so that they know what they’re doing. Follow Up on Agreements Made During Negotiations If you and your spouse have made certain agreements during negotiations, it’s important that both of you follow through on them. If, for example, you agreed to sell your home and split the proceeds with your spouse at a later date—but one of you decides to change his or her mind—it could trigger all sorts of legal issues and end up setting back negotiations. It’s important that both parties adhere to their agreements if they want to resolve their divorce in a timely manner. (You can read more about common terms used in negotiation here.) Withhold visitation rights from an abusive ex-spouse: Unfortunately, many parents who are going through a divorce will allow their emotions to get in the way of their judgment when it comes to dealing with an abusive ex-spouse. Even though there may be children involved, some people don’t realize that abuse isn’t limited to physical contact; emotional abuse is just as harmful as physical abuse. Source: https://skippertell.com/7-types-of-lawyers-you-should-consider-for-your-case/
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