No one ever enters into a marriage thinking they will one day get a divorce, but it happens all the time. The sad reality is that sometimes marriages simply don’t work out. If you are considering divorce, it is essential to understand the four primary issues in divorce: the division of property, child custody, alimony/spousal support, and child support. Each of these issues can be complex, and it’s vital to understand them clearly before you begin the divorce process.
1. Issues in divorce: Division of property
When a marriage ends, the two spouses must divide all property that was acquired during the marriage between them. That includes both assets and liabilities.
Assets include the family home, cars, savings accounts, and investments. Liabilities are things like credit card debt and mortgages.
In most states, the courts will divide property equitably, which means it’s not necessarily a 50/50 split. The court will look at several factors to determine how to best divide the property between the two spouses.
Disclosing all the property owned is critical in this process. One spouse may try to hide assets to keep them for themselves. That is not only unfair, but it can also lead to serious legal consequences.
2. Child custody
If minor children are involved in the divorce, child custody will need to be determined. Child custody can be either physical or legal. Physical custody involves determining where the child will be living, while legal custody refers to who can decide about the child’s welfare.
In many cases, the court gives both parents physical and legal custody jointly. However, there may be cases where the court awards one parent sole custody.
To increase your chances of winning a child custody case, it is crucial to have a strong and active presence in your child’s life. That means attending their school events, being part of their extracurricular activities, and generally being there for them.
3. Alimony/spousal support
In some cases, one spouse may be ordered to pay alimony or spousal support to the other. Courts usually only order this form of support in cases where there is a significant income disparity between the two spouses. Alimony is typically a payment every month and can be either temporary or permanent.
When determining whether or not to award alimony, the court will look at some factors, including the length of the marriage, the incomes of the two spouses, and each spouse’s ability to support themselves.
If you believe you’re entitled to alimony, get the help of an experienced alimony attorney. They can help you build a strong case and negotiate a fair settlement.
4. Child support
The non-custodial parent typically pays child support to the custodial parent. The amount of child support that the court orders will depend on several factors, including the income of both parents and the child’s needs.
Child support is typically a monthly payment. The intention is to help cover the costs of raising a child, such as food, shelter, clothing, and medical care. If you are ordered to pay child support, always make your payments on time.
If you fall behind on your payments, you may be subject to wage garnishment or other legal consequences. f you declare bankruptcy, the child support payments will remain the same unless there is a separate court order.
Concluding words on divorce issues
These are the four primary issues that need addressing in a divorce. If you are considering ending the marriage, it is essential to seek the help of an experienced divorce attorney. They can help you navigate the divorce process and protect your rights.
With qualified legal representation on your side, the divorce is more likely to be smooth and have less stress. Make sure you hire an attorney who’s experienced in divorce issues to guide you through the process.
2 thoughts on “Understanding the 4 primary issues in divorce”
Another alternative to using attorneys is to use a mediator. But that is only possible if you are cooperative with your spouse and agree on most of the issues, especially the big ones you’ve mentioned.
Thanks for adding the point about a mediator, when applicable.