Divorce proceedings can be highly emotional and distressing. You can move through the legal system with understanding and ease using this guide.
You and your spouse will exchange papers and information throughout the earliest phases of your case, covering matters like property, custody, and support. These will be used to negotiate a settlement.
Property division is an issue that often arises during divorces. Couples who can work together to divide assets and debts can help speed the process and keep communication lines open, a crucial factor for couples with children involved in the marriage.
In New York, for example, the court follows an equitable distribution system in dividing property during divorces. Equitable distribution means that the judge determines what is fair to both parties, considering many factors, including each party’s contributions, earning ability, and the duration of the marriage.
A family home can be the most valuable asset a married couple owns, and it can be difficult to divide in a divorce. This is because of the emotional connection between the households for spouses and their children.
A child custody case is a legal proceeding where a court decides which parent has the right to settle for a child, such as education and health care. Custody may be shared (joint) or sole (reserved for one parent).
A judge considers what is best for the children when deciding custody. This includes several factors, such as which parent is more stable and has a better history of providing a good home for the children.
Parents can work together to develop a custody plan that will be in the best interest of their children with the help of a Tampa divorce lawyer. However, a judge will decide if they cannot reach an agreement.
Child support is an issue that is often a source of conflict in divorce. Whether you’re the parent who receives child support or makes it, it’s essential to understand how it works.
The amount of child support is determined by a calculation considering both the custodial and noncustodial parents’ incomes and their share of expenses for children’s health care, educational needs, and childcare.
This is done using economic data compiled through research and statistical analysis.
Alimony, also known as spousal support, is a type of court-ordered financial support that may be awarded to a spouse following a divorce. In most states, judges consider a variety of factors in awarding alimony.
A judge may order alimony on a permanent, temporary, lump-sum, rehabilitative, or reimbursement basis. Each type of alimony has a different purpose and length.
Generally, alimony is paid regularly until one of the following criteria occurs: The date that the judge has determined the payment should end; the payee remarries or enters into a civil union, or the payee becomes self-supporting through employment. However, some courts terminate spousal support when the payee proves they no longer need it.
Counseling can help you with several issues, from communication to coping skills. Additionally, it might help you learn how to control your emotions better and make objectives for yourself.
You can avoid the stress and worry associated with divorce by using the effective instrument of divorce therapy. It also helps you keep your marriage together despite difficulties.
In specific situations, the court may order you to attend counseling. You need to find a therapist or counselor with a good deal of experience in this type of counseling and who you feel comfortable with.
Most states have a waiting period before a divorce can be filed. This “cooling off” period allows you to evaluate whether your marriage can be saved or repaired.