Top 6 Biggest Legal Issues During Your Legal Divorce Process
There are plenty of romanticized definitions of marriage in which two become one. But what should people do when their one, their safe harbor, isn’t close anymore?
Data cited by the American Psychological Association and other respected experts suggests that approximately 40-50 percent of first marriages in the U.S. end in divorce. Rose-colored glasses break inward when two people realize they have to settle matters regarding matrimonial property, especially when children are involved.
The Anderson Injury Lawyers conducted a survey that showed that 70 percent of divorcing couples address the housing issue.
It should be understood that divorce involves not only the dissolution of the marriage but also a highly regulated process with legal consequences. This article outlines the main issues partners encounter during divorce proceedings—helpful insights for individuals seeking to stay up to date on these topics.
1. Divide Marital Assets
Property division remains a thorny issue among former spouses from any corner of the world. This process can range from a quick settlement to a protracted legal battle. The outcome depends on mutual agreement, straightforward property, and alternative dispute resolution (ADR).
Besides, Nicole Duncan from Duncan Family Law tells about several stages of marital assets division:
Asset identification
Compiling a complete list of all jointly owned property covering real estate, financial accounts, vehicles, businesses, and personal possessions.
It is crucial to establish which assets are community property and which are separate, which constitutes their formal characterization.
Asset appraisal
This involves conducting an objective assessment of all holdings to determine their fair market value, using professional appraisers or market comparisons.
Formulation of the principles of division
This item covers the formulation and implementation of fundamental principles and criteria for property division. During this stage, the court or the parties agree on the principles upon which the property will be allocated. The court considers various factors, including the duration of the marriage, each spouse’s contributions (financial and non-financial), their economic circumstances, and their respective needs for support.
These principles serve as the basis for the final ruling on asset division during a divorce.
The confirmation of the agreement
Upon reaching an agreement, the parties can submit the resolution to the court. If the court finds the agreement in accordance with the law, it will approve it, making it binding. Conversely, if the court discovers that the deal violates statutory provisions or infringes upon the interests of one of the parties, it may deny it. The court will then schedule a hearing to make its own decision.
2. Divide Mariatal Debts
Generally, the division of debts is decided during the property division process, as liabilities are considered part of the marital estate. First, all debts, such as credit card balances, personal loans, mortgages, and installment loans, are identified.
In states like Arizona, Nevada, and Washington, debts incurred during the marriage are generally divided equally between the spouses, regardless of whose name they are under. In equitable distribution states such as Illinois and Massachusetts, debts are divided equitably, taking into account each spouse’s contribution, income, and ability to pay.
In common law states, if a credit card is issued to only one spouse and the debt is incurred during the marriage, that spouse remains primarily responsible for repayment. If a joint mortgage was taken out during the marriage, the court will decide how to divide responsibility for it in any state.
Remember your obligation to your creditors. Even if a judge orders one ex-spouse to pay the couple’s joint debt, both are still responsible to the creditor if they both signed the loan.
3. Identify Your Personal Property
Separate property is any asset one spouse owned before the marriage, or any gifts or inheritances that spouse received during the marriage. To itemize what is separate property, you must list everything you own: from clothing and electronics to furniture, jewelry, collections, art, and appliances. It is prudent to keep proof of ownership, such as receipts, photographs, and descriptions, to back up your claim to the property.
For example, a wife may receive an expensive necklace as a gift from her relatives during the marriage. This property is not subject to division and remains hers.
It is worth bearing in mind that the division can be accomplished through a mutual agreement on property, or by a court order.
4. Take Care of Child Support
In the midst of divorce, securing the fulfillment of child support obligations is of paramount importance. Once financial responsibility for a child has been established, the court and the parties must agree upon a payment plan and an amount. The purpose of this is to provide for the child’s stability and well-being.
Child support is typically calculated based on the parents’ incomes, the child’s needs, and state guidelines. Parents are bound to comply with any established agreements or court orders regarding payments. The goal is to provide the child with timely and sufficient maintenance.
Non-payment of child support can result in legal repercussions. This can include financial penalties or prosecution.
Hence, when dealing with child support during a divorce, it is imperative to adhere to the terms and ensure financial stability for the child’s benefit.
Failing to pay alimony may result in serious legal ramifications:
- Fines
- Initiation of legal proceedings
- Seizure of assets and accounts
- Suspension or revocation of a driver’s license
- Wage garnishment
5. Build a Clear Parenting Plan
Formulating a clear custody and visitation plan is a critical stage in the divorce process. It specifies the responsibilities each parent will have in co-parenting the child after the relationship has ended. A well-conceived plan helps to minimize misunderstandings and parental conflict, providing stability and security for the child.
As Hammers Law Firm outlines the specific schedule and periods during which the child will be with each parent. It also sets forth the guidelines for joint parental decision-making and mechanisms for resolving any potential disputes. The main upside of such a plan lies in its ability to establish clear expectations and to reduce misunderstandings.
Let’s go over the highlights of a typical parenting plan:
- Parenting schedule
- Decisions Regarding Education and Healthcare
- Preserving the child’s stability
- Communication
- Emergencies and Modifications
6. Legal Custody of Children
Legal custody is the legal authority to make decisions regarding a child’s welfare.
Child custody can be either joint or sole. As a rule, joint custody is favored because it is viewed as advantageous for a child’s stability and development. This arrangement promotes both parents’ involvement in their children’s upbringing and strengthens their bonds.
The court is inclined to award joint custody if it serves the child’s best interests and guarantees the child’s safety. When parents conflict, are unable to cooperate, or when the child is at risk, the court has the discretion to grant sole custody to one parent. This gives that parent the right to make all crucial decisions without the other’s consent.
A court trial determines a custody ruling and can be changed when circumstances warrant.
Conclusion
Successfully navigating the divorce process demands not only legal knowledge but also patience, diligence, and compromise from both parties. A solid grasp of your rights and duties helps you minimize potential conflict, ensuring a more peaceful and swift resolution of any disputes.
To achieve a seamless and fair separation, it is advisable to consult experienced divorce lawyers who can adequately prepare the documents. Ultimately, high-quality legal aid will ensure the protection of your interests. Moreover, it preserves your peace of mind and financial security during this challenging time.