People thinking about divorce usually have some kind of idea of what they should expect. They’ve seen divorces on TV and in the movies and usually personally know a couple of people that have been through a divorce. Despite this “2nd-hand” experience, facing your own divorce is one of the scarier events in life.
Not only do are you facing a court-approved ending of most likely one of the more considerable relationships you will ever have, also must start to think about such unpleasant things like property division and new living arrangements. In a lot of cases, there is also the unhappy possibility of not seeing your children every day.
Certainty and divorce are no friends. However, supplied with actual expectations, you’ll have the best possibility of being satisfied with the outcome of your divorce. Therefore, it’s a good idea to comprehend the facts of what getting divorced can and can’t do for you. What is getting divorced good for, anyway?
This post delves into what getting divorced can — and can’t — do for you.
What Getting Divorced Can Do
A divorce court is going to attempt to divide the property between spouses in the most economical way they can. A lot of states are going to rule out from this division any property that was obtained before the marriage or that was obtained through gift or inheritance.
In many “community property” states, this involves a fifty-fifty split of the property acquired by the parties throughout their marriage. Other “non-community property” states, are going to inquire into the spouse’s individual financial situation, financial planning for the future, and other associated matters in attempting an even-handed distribution of the property.
Since property division is unpredictable, when you have an unwavering want for an item of property, it’s probably a good idea to have your attorney negotiate and settle the distribution of property in advance with your soon to be ex’s attorney.
For instance, you might decide that, even though you would realistically like to stay in the family home, you really want to retain your business. Consequently, you might forfeit the home in favor of your business. In this way, you can attempt to negotiate a mutually gratifying agreement for the division of property with your spouse.
Divorce proceedings can assist in establishing a couple’s support responsibilities. This can come by way of child support and spousal maintenance.
Child support payments are now principally determined by state law, but variation from those standards is not unusual. In addition, child support orders might be subject to the custody arrangements ordered. Generally, spousal maintenance principally is subject on the realities of each divorce case and the divorcing couple’s financial situation. Consequently, once again, any attempt at foreseeing a court’s eventual support decision is usually difficult.
Child Custody and Visitation
Apart from wealth distribution, divorce can also help put in place child custody and visitation plans. This too is unpredictable. Whereas courts usually try to come to their decision based on a set of aspects said to encourage the child’s “best interests”, these decisions can differ by case to case and court to court. Ultimately, when making custody decisions judges are naturally swayed by their own convictions, opinions, and ethics.
Furthermore, judges typically only see and hear the nastiest of spouses through heated custody proceedings. So, on the basis of their minimal “view” into the parents’ lives, a divorce court might not always make the “best” potential decision concerning custody. Once again, negotiation and settlement are vital options to consider. Each person involved in the divorce, particularly the children, are going to benefit from a mutual child custody arrangement.
What Getting Divorced Can’t Do
Guarantee Specific and Equal Division
A divorce can’t carry out a precise or mathematically equal property division and time with children. Since no 2 spouses, no 2 marriages, and no 2 divorces are the same, the judge that enters a divorce order is required to make the best decision with the restricted time and information available to them. It might not always be the best possible decision that could have been achieved and it is certain not to benefit you individually in any possible way.
Divorce courts usually must make the best out of horrible situations. For example, there can be no acceptable custody arrangement if one parent lives in Phoenix, Arizona and the other lives in Lansing, Michigan.
Ensure Civil Relations
Although a court can determine custody and visitation arrangements, it is not going to be present every Friday when dad drops off the children, and it is not going to spend the weekend with mom, making sure she does not make scornful remarks concerning dad when the children are present. In the end, a court order is simply a piece of paper. Mom and dad are STILL going to have to respectfully deal with each other to carry out the conditions of the custody and visitation order.
Divorce doesn’t take your responsibilities away from your children, and this will include engaging with their other parent, since a divorce does not make your ex any less your child’s parent (one stipulation being a case of abuse).
Maintain Your Standard of Living
You should also acknowledge that the divorce court is unable increase your salary to stop your standard of living from decreasing after you divorce. Unfortunately, economically, it’s a lot more inexpensive for two people to live together and share costs than it is to maintain 2 individual households. Divorce is going to alter your standard of living and there is little, if anything, the court can do concerning the change.
Resolve Emotional Issues
Lastly, a court is not going to be able to reprimand your ex or morally absolve you for all of the terrible things that happened throughout your marriage. Furthermore, the divorce process is not going to heal your psychological wounds or even take away the vital part of grieving over the failed marriage. That is your duty, although you can find help through counseling and support groups.
Still Want to Get Divorced? Examine Your Choices With an Attorney
As you decide what getting divorced is good for, at least in your unique situation, you are likely noticing that you are having questions along the way. A good way to get your questions answered is by getting a hold of a attorney today. A skilled divorce attorney near you can provide you with tranquility.
What is divorce good for? Findlaw. (2018, October 17). Retrieved May 24, 2022, from https://www.findlaw.com/family/divorce/divorce-what-it-can-and-cannot-do-for-you.html
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