Divorce lawyers use a combination of hard and soft skills to support their clients through divorce proceedings. They can address issues like child custody, property division and alimony. They can also offer services such as mediation and collaborative law.
When choosing a divorce lawyer, look for someone who aligns with your approach to the process. Some may have a more collaborative approach, while others may take a more aggressive stance.
Child custody
When parents decide to divorce, there are many arrangements that need to be made. This includes property division, alimony, and child custody. Ideally, both parents will work together to come up with an arrangement that is best for their children. A lawyer specializing in family law can help parents find an agreement that works for them.
When determining a child custody arrangement, the court will look at the child’s best interests. They may award joint legal and physical custody or sole legal or physical custody to one parent. If the parents can reach a mutual agreement, the court will approve their agreement and it will be documented in a legal contract.
Physical custody is determined by the parent who cares for the child’s daily needs and supervises them. When parents share physical custody, the child will spend time in each parent’s home according to a predetermined schedule. A noncustodial parent can be awarded visitation rights if they can prove that it’s in the child’s best interest to have them.
Alimony
Alimony is the legal obligation of a spouse to support their ex-spouse after divorce. This financial support can be short-term or long-term, and it may be paid in lump sums rather than monthly payments. Courts typically consider a number of factors when awarding alimony, including the lifestyle the couple enjoyed while married and each spouse’s ability to earn a living.
For example, if one spouse forewent a career in order to stay home with children and is now struggling to find work, the judge may award them rehabilitative alimony. This type of support can help them return to the workforce by attending school or taking courses to market their skills. Rehabilitative alimony usually ends after a set period of time or when the spouse finds a job that meets their needs. In addition, rehabilitative alimony is typically not taxed. However, permanent alimony is taxable and can be offset by income from assets acquired during the marriage.
Property division
Property division is a critical part of divorce proceedings. It involves dividing assets and debts that spouses have acquired during the marriage. Assets can include real estate, investments, bank accounts, and retirement accounts. Debts can include mortgages, credit card debt, and car loans. Regardless of the type of property involved, determining who gets what requires careful thought and legal intervention.
In states that use equitable distribution, courts try to make a fair allocation of marital property based on several factors or guidelines. These factors are typically different from those used in community property states. The judge may also take into account fault when dividing assets, but only if it led to waste or dissipation of the assets.
During property division, spouses must classify the property as either separate or marital. Separate property includes anything that one spouse owned before the marriage, as well as gifts and inheritances received during the marriage. However, separate property can become marital if it is mixed with community property or transmuted.
Separation agreements
If you and your spouse want to get divorced, a separation agreement can help settle some of the issues involved. It will usually address property division, spousal support and child custody arrangements. It may also include a parenting schedule. A lawyer can help you draft this agreement and make sure it is enforceable. They can also help you understand the law in your state.
A separation agreement can be incorporated into the final divorce judgment. This is called merger. It makes the separation agreement a part of the divorce decree and can be more easily modified in the future. However, if the separation agreement does not contain a merger clause, it can be more difficult to enforce.
A separation agreement is a legally binding contract, and if either party violates it, the other can sue them for breach of contract. The courts usually approve these agreements unless they are found to be unconscionable or entered into under fraud or coercion.עורך דין גירושין בנהריה