Before the Divorce is Final...Things You Need To Consider

Everything You Should Understand Before the Divorce is Final

Divorces are not always agreeable events, as many times one party is forcing the issue and the other party is not necessarily willing.

Divorces can be complicated legal situations also, especially concerning dissolution of property and accumulated debt. In addition, prenuptial agreements can impact any court ruling and leave one party in a vulnerable situation.

The divorce largely depends on the state in which the marriage was filed and the state application of community property. All states are not community property states, which is essentially the doctrine that all assets accumulated during the marriage is the property of both parties.

Determining personal property and assignment of debt can be a significant problem in any divorce process. 

Child Custody and Visitation

Divorces involving children are even more complicated when custody and visitation is also a concern. Divorcing couples do not always continue residency in the same state, which can create visitation enforcement problems. Divorces resulting in long-distance visitation arrangements can result in unusual visitation orders from the court, these arrangements should be discussed before the divorce procedures start..

Dual custody is common in these situations, but this situation can often result in long-term visits during holidays and non-school terms. The children actually rarely have a personal attorney in a divorce case, so court policy is usually to consider the rights of the children in every detail of the marriage dissolution.

The children are traditionally awarded to the mother, but a primary request of custody may not be approved automatically. The responding party always has the right to request specific custody arrangements as well. The court can also set boundaries on relocation if the other parent requests a restriction, so be prepared for the unexpected.

Child and Spousal Support

Before the divorce understand that child support is a standard inclusion in any divorce degree, and is based most often on the father's income. However, this is not necessarily the final decision, nor is the mother exempt from child support responsibilities.

Complicated cases involving disposition of children can include alimony as a component of property division, as well as maintenance of the general standard of living.

Wealthy individuals can expect a higher range of child and spousal support, especially if the mother has been a stay-at-home mother while raising the children. Marriages are business arrangements in the eyes of the court, and adjudication is commonly ordered with this policy. 

Division of Assets

Complicated financial divorces can be problematic. One party will often keep most of the property and pay the other party an equitable amount. Many times a prenuptial agreement will change the dissolution of property, but this does not always apply to assets acquired after the beginning of the marriage.

Once again, this action depends on the community property doctrine of the state. It is entirely possible that all marital assets will be split evenly, regardless of the acquisition date.

It is important to seek the aid of community resources or a legal professional that knows your state’s divorce law regarding. For example, for residents who live in California, this can be a family attorney such as Milligan, Beswick, Levine & Knox LLP or advocacy groups like Sonoma’s Now Foundation, a women’s foundation.

It is important to discuss property dissolution and child support with an attorney before filing for divorce, as this is a very serious decision which should be evaluated completely.

Divorces are rarely amicable, as every divorce is unique in some fashion. There are some situations, such as military divorce or the inclusion of special needs children, where the courts pay special attention to the legal parameters of the divorce decree.

Additionally, and very commonly, divorces are also a result of considerable domestic violence in the home. Restraining orders and supervised children visitation are commonly assigned in contemporary divorce degrees.

With that said, it is important to understand that divorcing individuals should always act like adults in the court room in order to avoid being treated like children by the court.

Jamica  Bell is a blogger and freelance writer who contributes this article as a way to help families navigate the difficult terrain of divorce. We want to thank Jamica for sharing this information on things to consider before the divorce is final.


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