The emotional and financial repercussions of a divorce are of primary concern for the divorcing couple. As far as the court is concerned, though, there are four key issues for which it is responsible:
In a divorce proceeding, the family court judge will decide two things related to child custody. First, they determine which parent(s) has a right to physical custody of the child. This includes where the child will physically reside. Second, they determine which parent(s) has a right to legal custody of the child, which includes decision-making about the general health and well-being of the child. In many cases, these responsibilities are shared by the parents, and the court determines to what extent each parent has those rights. Child custody decisions are long-lasting and heavily influential in the child's upbringing. Therefore, it's a good idea to seek legal representation by a family lawyer.
Child support is calculated with a formula that varies by state. The formula typically takes into account the number of children involved, as well as the gross monthly income of the parent. Keep in mind that changes in financial status and other factors can heavily affect the final figure. Consult with your family law attorney to get help ensuring that your child support payments are being calculated properly.
Not everyone has to pay spousal support (sometimes called alimony). The judge will be the final determinant as to whether you or your spouse has to pay spousal support to the other. The judge will decree everything related to the spousal support, if relevant, including how long it will be paid for and how much it will be. This is one of the most important reasons to make sure you contact a family law lawyer for your divorce. While the judge takes many factors into consideration when making the spousal support determination, those who opt for self-representation may find themselves with less than they rightfully deserve.
Debts and Assets
The allocation of debts and assets is influenced by the laws in the state where the divorce is filed; as well as by any previous agreements made by the divorcing parties and their respective family law lawyers. Debts and assets allocation is rarely straightforward, so the assistance of a qualified attorney is recommended.
As soon as you know that divorce is imminent, contact a family law lawyer from a firm like Dunnigan & Messier P.C. to help you navigate these four key issues.
When my ex-husband decided to contest my choice to homeschool our children, I knew that I had to defend my right as the custodial parent. Our custody agreement gave me authority over educational decisions, but he still took me to court. I spent a lot of time working with an attorney to find out how best to handle it, and I did a lot of research on the laws as they applied. If you're trying to defend your educational choices amidst your divorce, this site may help. I've built it to share everything I learned and explain the process that I went through to secure my rights.