The Complexities of Divorce Law - What You Need to Know

Divorce is a complex process that requires the expertise of a skilled attorney. Whether dealing with issues related to custody of children, debt and property division, or spousal support, an experienced divorce lawyer can help guide you through this life-changing experience.

In addition, a divorce involves several other issues that are often difficult to handle without legal representation. These include the valuation of high net-worth assets, small businesses, professional practices, and handling complicated financial matters.

Child Custody

When parents separate, they must make decisions about their children. These include decisions about where the child lives, how the child is raised, and who makes decisions about health care and other matters.

Most states use a standard that focuses on the child’s best interests. This approach was adopted in response to criticism that judges made custody decisions arbitrarily and did not consider the child’s wishes.

Child Support

When parents divorce or separate, child support ensures that each parent provides a fair share of money to help their children get the necessities.

Child support payments are intended to cover the expenses of food, clothing, shelter, and health care that are essential for a child’s well-being. However, many states also include additional costs when calculating the child support obligation for both parents.

These additional expenses may include medical and dental fees, child care, and other unreimbursed costs related to the child’s care. While the child support laws vary from state to state, discussing these expenses with a family law attorney in your area is essential.

Asset Division

The process of asset division is a common aspect of family law that is often difficult to navigate. A property division attorney will help you determine what assets you have to share with your spouse and how those assets should be split up.

Typically, courts will award each spouse a percentage of the couple’s community property minus their debts. This will be based on the length of the marriage and each party’s needs.

Some assets are not so easily split up between a couple, such as a family business or an inheritance from a parent. A judge will require the parties to obtain an official business valuation before dividing a company.

Property Division

Divorce is often a complex and emotional process, especially if you have a home or other valuable property. That’s why it’s essential to have a divorce attorney who understands the intricacies of property division and how to ensure you get the fair treatment you deserve.

In most states, courts use an “equitable distribution” system to divide marital assets and debts in divorce. Equitable distribution does not mean that help will be divided equally. Still, it does mean that a judge will distribute a couple’s property in a way that they believe is equitable (fair) under the circumstances of their case.

In most cases, this will include a court-ordered property division of the couple’s real estate and other valuable assets. It will also have the distribution of debts and the couple’s retirement plans.

Spousal Support

Spousal support (alimony) is financial compensation awarded in divorce proceedings. It is intended to help a dependent spouse maintain a standard of living established during the marriage.

Courts have many considerations when determining the amount of spousal support, including each spouse’s income, earning potential, health, and more.

Usually, spousal support lasts until the dependent spouse is no longer entitled to support or remarries. However, a support order can be changed if there is a substantial change in circumstances.