How To Handle The Collision Of Emotional And Legal Problems In Divorce
Emotional and legal problems often collide in divorce cases, including issues associated with child custody and support, the division of assets and liabilities, alimony, and even the decision to divorce. You need to be thoughtful in confronting these situations. Here's how divorce lawyers encourage their clients to approach each of these four areas of legal concern.
The question of who gets the kids after a divorce can be fraught with emotions. Foremost, understand that no one "gets" a child. The court will make a judgment based on the best interests of the kid. Absent disturbing circumstances like extreme neglect or abuse, the judge will want both biological parents to have time with the child.
Secondly, divorce attorneys will encourage their clients to be prepared. If there are questions about how well a child would do in your household after a divorce, the best solution is to address those issues rather than start fights. Even if you're not in the best financial position, the court will account for child and spousal support in assessing the fitness of your home for visits or custody.
Assets and Liabilities
People often get contentious about assets and liabilities. Even something as simple as fighting over the good plates can become a flashpoint if at least one side is invested in having a fight. Try to focus on this that matter to your practice or for family reasons. If you want your grandmother's wedding ring back, for example, try to negotiate for it. Trade away things you don't care about if your ex is willing to consider it.
Liabilities also can get emotional. People often blame each other for who incurred certain debts during their marriages. Unless the two parties negotiate an agreement that says otherwise, the court will divide the debts according to the state's laws. Stay calm and let the system do its job.
Each state has different spousal support requirements. The two parties are welcome to negotiate a fair agreement. If they can't, the court will intervene and once more apply the law. Typically, judges assess spousal support based on the length of the marriage and the financial circumstances of the two people. Even if you don't like it, a court will impose spousal support if necessary. Being emotional about it accomplishes nothing.
Choosing to Divorce
Finally, some folks don't want to get divorced even if their partners do. America's no-fault system guarantees that a divorce will go through as long as one of the partners wants it. If your ex wants to fight about it, tell them to hire counsel and let the divorce lawyers sort it out.
Contact divorce lawyers to learn more.