Even the most amicable of divorces can take an enormous emotional toll on both parties, as well as on their respective families and friends — not to mention the children, if there are any.
With time comes healing, however, and many divorced people can eventually become at least friendly, if not friends, with their spouse.
Sadly, not all divorces are amicable. Whether the disintegration of the union comes about as a result of betrayal, as when one party has an affair, or involves a significant amount of assets and property, negotiations can get pretty heated. A Sandy divorce attorney can be a voice of reason in an otherwise emotionally charged situation.
An experienced and compassionate divorce attorney can also help you navigate the often confusing world of legal proceedings, which are complicated at the best of times. During a divorce, it can be incredibly difficult to place emotions to the side and act in your own best interest, so it’s usually not advisable to act as your own attorney or attempt to file your own divorce paperwork.
There are also several major aspects of a legal separation or divorce that must be handled delicately, including child custody, child support, spousal support or alimony, and the division of assets. Having build a life together, it is now necessary to divide that life and all of the tangible assets you’ve accumulated together.
Let’s look at the basics of these, one by one.
If you have children at the time of divorce, it will be necessary to determine which parent takes custody of them. Where the children will live, and how often they may see the other parent, depends on many factors, including income, neighborhood, school district, the children’s preference (in some cases) and the stability of the parents.
Unfortunately, some divorcing couples cannot agree about what is best for their children, which means that the court may need to make these difficult decisions.
Usually, it’s the non-custodial parent who pays child support, but there are a variety of different situations. Determination of the amount and frequency of support payment is not something that divorcing parents should undertake themselves; such arrangements must have a basis in law.
As with child support, spousal support determinations must be made on a case by case basis. Spousal support, also called alimony, is not always awarded. In some instances, however, it can have a grave impact on the parties’ quality of life, and is often therefore handled by the court system.
Division of Assets
A married couple likely owns some property together, including a house, vehicles, and other high-ticket items. Sometimes they are co-owners of a business. If the two parties cannot agree on how to draw these lines, or who will walk away from the marriage with certain assets and who will not, it is necessary to negotiate the division of assets with the help of an attorney.
Time Magazine recently reported that divorces are at a nearly 40-year low, but if you are getting divorced, make sure you have the support of a divorce attorney to help you through the process.