Divorces, or “a dissolution of marriage,” is the legal termination of the matrimonial relationship. The divorce process is managed by a family law lawyer (each spouse retains their own counsel) and involves a number of matters, ranging from the splitting of property to child(ren) custody. Whereas it’s important to hire a lawyer that is experienced at your economic and other interests in divorces, it is vital to find a lawyer that you feel comfortable on an individual level with. Divorce is an extremely emotional process, needing sensitive people-skills in addition to legal knowledge.
It might make sense to finalize a divorce devoid of hiring a lawyer in many cases, provided that neither of the parties has representation and there aren’t any minor children involved. But a lot of divorces, in particular those involving dependent children and/or convoluted property matters, go more ideally with the counsel of a divorce lawyer. And when your estranged spouse has a lawyer, it’s always a good idea to retain one for yourself.
- Custody: Attaining rights to your child. Custody could be either legal, meaning that you have the right to make crucial decisions concerning your child’s well-being, or physical, meaning that the child lives with and is brought up by you.
- Prenup Agreements: An agreement made between a couple prior to marrying in which they relinquish future rights to one another’s property should a divorce happen or one of the spouses passes away.
- Provision: An agreement entered by the divorcing couple that resolves the matters between each other and is usually entered into the court’s finalized order or judgment and decree.
- Matters Involved in Divorces
At its most fundamental, divorces are legal processes in which 2 parties terminate their legal and financial relationship. However, every divorce is distinctive and most involve challenges over things such as child custody or splitting of property. Below are the primary matters a divorce lawyer deals with:
- Splitting of Property: All property obtained by either spouse following the date of marriage is thought of as “marital property” and is subject to equitable splitting.
- Alimony: Alimony, or spousal maintenance, are monthly payments made by one spouse to the other according to a settlement agreement or a court order. Spousal maintenance is intended to correct for any unjust economic effects from a divorce.
- Child Support: Child support are monthly payments made by the non-custodial parent to the custodial parent to be used for the child’s needs.
- Child Custody: When families split up, the parents and the courts are required to decide what is in the best interest for the minor children, comprising of where they are going to live and how decisions will be made. This is usually the most challenging part of divorce proceedings.
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What is divorce law? Findlaw. (2016, June 21). Retrieved September 13, 2021, from https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/divorce.html.
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