Divorce is not at all simple. It does not only refer to legal separation or ending a couple’s marriage. It’s umbrella does include other complex issues such as child custody, alimony, etc.
Moreover, divorce becomes more complicated because of the heightened emotions of the parties involved, say for example the anger and incredible pain caused by the other spouse who cheated or the physical pain suffered by one spouse due to domestic violence.
But in some cases, couples mutually agreed to divorce which is fortunately a more peaceful and less complex ground for divorce.
Yet, whether it’s a fault or no fault divorce, conflict is still unavoidable regarding legal and financial matters. Therefore, you need to sort things out first and discuss all concerns about your divorce case with your lawyer.
What are the major topics you need to discuss with your divorce lawyer beforehand?
Marital property
Any property, including but not limited to real estate, car, furniture, jewelry, home furnishings, business assets, savings accounts, and even debts acquired within the duration of the marriage is considered a marital property which is subject to division during divorce.
Furthermore, the division of marital properties varies whether you’re residing in a community property state or common law property state.
In a community property state, both spouses equally receive properties regardless of whose name registered on the title or deed. Whereas in a common law property state, a property remains in the ownership of the spouse who purchase it under his/her name. And both of the couple’s names appears under the entitlement of a property, each is entitled to one-half interest.
Child support
Both parents in a divorce need to support their children financially until they are of legal age according to the law. And the amount of support to be provided is stated in a court order or in a written agreement between parties. Also, one spouse is required by the law to provide support to the other which is declared the custodial parent on behalf of their children.
Alimony
The assessment whether to award alimony to the other spouse and if so, how much and how long should it be is quite broad with no specific guidelines unlike child support.
There are many factors to consider, including the length of the marriage, the couple’s age, their physical and emotional health, standard of living while married, education level, employability and earning capacity and the distribution of responsibilities to their children.
The duration of providing alimony could be permanent, limited, rehabilitative, reimbursement or hence some combination.
Child custody
There are two ways that child custody is awarded; legal and physical custody.
Legal custody can be granted to both spouses as well as to only one parent, which has/have the right to decide about their child’s health, welfare and education. Whereas sole physical custody, is the award given to either one spouse to live with their children and only parenting time with the other. And if shared, a child can spend time equally with both parents.
The award is determined by the court based on some factors such as parents communicate and cooperate, the distance between the separate homes of parents and school of their child, the child’s special needs, the parents’ employment affiliations, the age and number of children and the child’s choice where he or she wants to live.
The process of litigating divorce varies depending on the state law of the area you are residing. So it’s really an advantage to consult it first with your lawyer.
Additionally, it could help a lot if you can determine your goals and the specific settlement you want out of your divorce before meeting with a lawyer, such as the type of custody, and the property you want. This way, your divorce lawyer can clearly advocate your part.
Seek help from the most trusted divorce lawyers in Annapolis, MD. Visit Wise & Donahue, PLC at 18 West Street, Annapolis, MD 21401 or you call 410-280-2023.
