Divorce is not always as easy as many people think. For some, divorce is the first contact with the court system. For others, negotiations for property division, custody of children, spousal support, and other factors may be considered outside the court system. That being said, it’s important to note that divorce laws can vary from state to state. An experienced divorce attorney’s legal representation can be invaluable in dealing with divorce law issues. Below you provide an overview of the grounds for divorce, division of common property, and child custody and spousal support.
Understanding the grounds for divorce
When filing a divorce petition, divorce may be considered a “fault” or “no-fault” divorce. Each state has slightly different classification laws. On the other hand, a marriage that has broken up due to impotence, adultery, 2-year alcohol or drug use, and other reasons can be considered a reason for a guilty divorce.
During a divorce, the property jointly owned by the husband and wife is divided. However, many circumstances determine whether an asset acquired after marriage qualifies for division. Davies Divorce Law Ottawa distinguishes between “spousal” and “extramarital” assets based on several conditions. These can include inheritance, treaty exemptions, and income from assets considered “extramarital.”
Factors to consider in child custody
In the event of a divorce, negotiations for child custody are often difficult. Typically, both spouses want a higher level of custody than the other spouse can afford. When child custody cases go to court, the judge considers several factors before making a decision. Although the child’s wishes are taken into account, the child’s physical, mental and emotional development can replace them.
Factors considered in spousal support.
Many states have different attitudes towards spousal support in divorce cases. The court will consider whether the spouse’s dedication to household responsibilities has had a detrimental effect on the spouse’s ability to earn money in the future.
Hiring a Divorce Lawyer
Divorce is a tricky process. Although many divorces start benevolently and objectively, they can quickly become emotionally draining. It is especially true when determining child custody rights. Depending on the state you live in, you should contact a qualified lawyer who will represent you. Hiring a divorce lawyer can be critical to maintaining your custody rights, joint ownership, and your interests in spousal support payments.
At the end
Many people who are seeking divorce lull themselves into a false sense of comfort, confident that their future ex-spouse will remain objective and open to an equitable distribution of property and custody rights.