Now that you are facing the reality that you and your spouse are going to get divorced, it will be more important than ever for you to make smart decisions from start to finish. If you don’t, you may come away with far more problems involving your finances, custody arrangements, and other areas than you ever imagined. If you are wondering what areas most impact your divorce and whether or not you need an attorney, here is all you need to know.
Dividing Property and Assets
Going through a divorce can be an emotional and exhausting process. One of the most important aspects of the process is dividing property and assets. Although it may seem straightforward, there are many nuances in the laws which can make it more complex than you think. Understanding how this important part of your divorce proceedings works and how to protect your rights is essential. Read on to learn more about what you need to know when it comes to dividing property and assets during a divorce.
Property Division Laws by State
Each state has its own laws regarding how marital property is divided in a divorce. Some states follow community property laws, which means that all marital property is assumed to be owned equally by both spouses, regardless of who purchased it or whose name is on title. Other states follow equitable distribution laws, which means that marital property will be divided based on what the court determines as fair for each spouse. So if one spouse was the primary breadwinner or was solely responsible for any particular asset, he or she may receive that asset in full or will receive a larger portion of the proceeds from its sale.
The Role of an Attorney
Although you may not need an attorney to handle your entire divorce case, hiring one to help with dividing your assets can be beneficial if you have a lot of assets, especially if they are complex or difficult to value. An experienced divorce attorney can help guide you through the process and ensure that all assets are properly accounted for so that no assets are left out or unaccounted for when determining how they should be divided between spouses. In addition, an attorney can also advise you on any tax implications associated with certain types of assets such as retirement accounts or investments.
There are many complexities involved in dividing up property and assets during a divorce – from understanding state law requirements to knowing what counts as “marital” vs “non-marital” property – and taking steps to protect yourself financially during this time is key. If you have extensive assets or if things become complicated at any point throughout your proceedings, hiring a qualified attorney can help ensure that everything is handled properly and efficiently so you can move forward with peace of mind knowing your interests have been protected throughout the process.
When you’re getting divorced, one of the most important decisions is determining who will get custody of your children. It’s natural to be anxious about this process and what it means for your family. Understanding how child custody affects your divorce proceedings can help you make the best decision for your family and ensure that everyone involved is taken care of. In addition, it’s important to know whether or not you need an attorney to help with the process.
Child custody is a major factor in any divorce proceedings because it determines who will have primary responsibility for raising your children. The court will consider each parent’s individual circumstances when making a decision about child custody, such as their financial stability, living situation, and mental health. If both parents are deemed fit to raise the child, then the court may award joint custody allowing them equal time with their kids. However, if only one parent is awarded primary custody, then that parent will be responsible for making all major decisions regarding the child’s upbringing while the other parent may have visitation rights or pay child support.
Do You Need An Attorney?
If you and your former partner can amicably agree on a parenting plan without involving lawyers or going through a lengthy court battle, then you likely won’t require an attorney. However, if negotiations become complicated or contentious then it is highly recommended that you retain an experienced attorney who can help protect your parental rights throughout the process. This can also prevent costly mistakes in negotiations which could end up costing more money down the line. An experienced lawyer can also provide guidance on how to navigate the legal system and ensure that all relevant documents are filed correctly and on time.
Child custody can be one of the most difficult aspects of a divorce proceeding but it doesn’t have to be so stressful if you arm yourself with knowledge about how it works and decide whether or not you need an attorney to help with negotiations between yourself and your former partner. Knowing what factors are considered by courts when awarding custody as well as understanding how an attorney could help simplify the process will enable you to make informed decisions about what’s best for everyone involved in your divorce proceedings—especially your children!
Not all divorce cases require one spouse to receive monthly support payments from the other spouse. If you fail to understand this from the outset, you could find your finances taking a severe hit for many years to come, which could ultimately find you experiencing a much lower standard of living than the one you had while married.