Divorce can be scary, mainly because of the changes which lie ahead. The splitting of a household can be difficult both on children as well as the parents. Splitting of income and division of assets can be a very stressful time period and having an attorney to talk to about how to take care of ending a marriage is of the utmost importance.
Most states in the United States are called no fault divorce states. This means a party can divorce their spouse if there is a declaration by at least one party that the marriage is irretrievably broken or the parties have irreconcilable differences. If a party wants out of the marriage it will likely occur in the “no fault” state in which they live.
Each state in the US is also either a community property state or separate property state. Whether the state you live in is considered a community property state or separate property state will determine how the assets and debts of the parties are divided. Community property states favor equal division.
Where minor children, generally children under the age of 18, are involved the divorce case is usually more complicated. Issues like child custody, placement and support, will likely be the most difficult part of the divorce if the parents can not and do not agree. Custody determines making decisions for the child and placement determines who the child will live with most often. Child support is figured based on who the child lives with most often. Courts will use “the best interests of the child” to decide custody and placement issues if the parties can not agree amongst themselves.
Alimony, also called maintenance, can be granted by the court. Because there is no exact formula to determine the amount of maintenance or duration that maintenance payments will last, the court can use much discretion in ordering such payments.
Once a divorce case is finalized it is very difficult, if not impossible, to re-open the case and discuss matters which either were handled in the divorce or should have been handled in the divorce judgment. Therefore, it is wise to have an attorney represent you from the start of your case.
If you have been served with divorce papers you have a limited amount of time to present your answer and counterclaim to the court.
If you think you are ready to file for divorce or have been served with divorce papers it is a good idea to consult with a divorce or family law attorney.
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