Category: Child support lawyers

How to Handle the Divorce Process

When you and your spouse agree a divorce is inevitable, it will likely feel overwhelming for both of you. While so many of the challenges are emotional, there are also economic and legal challenges to overcome. Therefore, your first step should be to hire a divorce attorney. These professionals can help you navigate every part of your pending divorce.

Your attorney will want to hear about your marriage circumstances. and why the two of you are getting a divorce. This will determine the “grounds” (legal reason) for the divorce. If you and your former spouse have children, obtaining custody will be one of the most difficult but vital areas of negotiation. If you cannot agree on terms, you may need to go to an arbitrator.

According to U.S. Legal, when a couple has reached the arbitration stage, one or both may desire a divorce despite the lack of agreement. In such a scenario, their lawyers may opt for a divisible divorce. This will dissolve the marriage, without finalizing custody or financial issues. On the other hand, if you and your spouse agree on all aspects of the divorce, it is referred to as a stipulated divorce, indicating no contest.

Marriage is one of the world’s oldest and most universal institutions, and in the modern age, all kinds of laws and personal assistance is available for getting married, fixing a troubled marriage, getting a legal separation, or if a marriage is doomed to fail, getting a divorce. The divorce process is dreaded by many, as it may involve drama, lawyers, and more, but if a person knows how to handle the divorce process correctly with the aid of a mediator or a divorce lawyer, then this legal undergoing can be made relatively smooth, and it may end in a way that satisfies everyone involved. A divorce attorney can be hired if a spouse feels that their marriage must be brought to a legal end, and the other spouse may find their own divorce lawyer or a custody lawyer when the spouses battle over money, assets, children, and more. When the divorce process is launched, what might the spouses expect, and how can mediation for child custody or assets play out?

Why Divorce?

Experts believe that nearly half of all marriages today end in divorce among Americans, and there are a number of reasons why someone might seek a legal end to their marriage. And among all American states, those in the Western region such as California or Oregon have the highest divorce rates, and southern states such as Texas have a somewhat lower rate, such as in Texas, and the northeast has the lowest divorce rate, among states such as Vermont or Connecticut. It has also often been determined that in households where wife does most of the housework, divorce is somewhat less likely, according to a Norwegian study. It has also been suggested that having a cigarette-smoking partner raises the odds of a divorce. And what is more, the numbers show that two out of three people who file for divorce are women.

Why do some people seek to launch the divorce process in the United States today? Infidelity, cheating on one’s spouse, ranks as the most common reason, and other issues may include poor communication, financial disagreements or distress, physical or verbal abuse, or simply a lack of compatibility. Studies suggest that if a couple date for around three years before getting engaged, their marriage is much more likely to last than if they dated for one year or less before the engagement. This gives both partners a chance to test compatibility and develop proper communication, and learn each other’s spending habits, future plans, and more.

The Divorce Process

If one partner is determined to end their marriage for one or more reasons, they can file the proper paperwork in a divorce court and enlist the aid of a divorce lawyer. Such an attorney will represent that spouse’s side of the case and advance their interests, and may act on their behalf. This may be especially important if the other spouse is being abusive in some manner or using drugs, and the filing spouse may have relocated from the residence to a different, private location for their own safety and peace of mind during the divorce. When the divorce process is underway, the other spouse may find and hire their own lawyer to represent their interests, and both lawyers will negotiate for their clients’ possession of finances or assets such as cars, houses, recreational vehicles, or anything else. And if the divorcing couple has one or more children under the age of 18, custody of them may also be contested. Either spouse can look up local divorce law firms and get consultations from the attorneys there (this may or may not incur a fee) and find one whose skills, experience, and success rate are to the client’s liking.

Mediation is another option if the spouses have relatively good communication. A mediator will not take sides, but rather will help foster productive communication between the two divorcing spouses and offer advice only if asked, and this can help ensure a smoother, more fair divorce. A mediator might be found through the divorce court. Mediators can help the two spouses develop ideas on how to fairly handle their divorce such as ownership of assets, tax information and money, and child support.