of the most stressful and difficult legal issues someone can face is having to
go through a divorce. In the year 2012
million Americans were divorced, the number of divorces is thought to be on
the rise due to an improving economy. Often
many couples will stay together (if only legally) in order to weather financial
difficulty better than they would single.
Below are some things to consider before getting divorced:Assets
When looking at the division
of assets as they relate to divorce proceedings it is vital to consider
where assets are held, whose name they are in and when they were accrued. Each of these things can factor into how the
court will view assets and who they will be awarded to. Typically the ‘breadwinner’ of the household
is going to end up paying both alimony and child support to the ‘home
maker.’ Someone who is going through a
divorce needs to evaluate their assets and those of their spouse with the
assistance of an attorney.
For those who have children and are going through divorce and have children
there are issues such as visitation and custody to be considered. With regard to legal custody or decision
making it is typically going to be shared, while in the case of physical
custody it is given to who the child spends the majority of their time
with. Depending on the state the
wife/mother can be favored over the husband/father, but in more progressive
states this is changing.
Those married couples who own businesses together could be looking at a
significantly more complicated divorce.
In some cases businesses will be sold off and the assets divided, while
in other cases they will continue on as they did before. In situations where neither person wants to
give up ownership of the business but refuses to work with the other person
after divorce the case will end up in civil court.
Going to Trial
When a divorce case goes to trial it is vital that both parties have a Divorce Lawyer available to
take full advantage of the allowances provided by law. Trials occur when neither side can compromise
with the other. A divorce trial will
involve the calling of witnesses in order to provide the court with the
necessary evidence it needs to issue a ruling.
Unlike criminal or civil trials the Judge decides the outcome of a
divorce instead of a jury. Emails,
diaries, witness testimony and more can all be submitted as evidence at trial.
When it comes to child custody, visitation, child support and alimony there
can be the need to amend an agreement.
If the spouse who was making loses their job for instance they can
submit a request to the court for a modification of the amount they are
motions in family court is greatly aided by the assistance of a legal
professional even though they might appear simple at first glance.