If you consider getting divorced, you will encounter some common issues along the way. These may include Dividing debts and marital property; child custody; alimony; and taking care of yourself after the divorce. A Sugar Land divorce attorney can help you deal with these issues.
Child Custody
When you’re going through a divorce, child custody is one of the most important issues that can arise. The goal is to minimize the disruption to the child.
Fortunately, the courts have a lot of resources to evaluate your situation. For example, the court may offer you a temporary order for visitation. You can also attend an evidentiary hearing, which is usually held as part of a Family Court case.
One of the most commonly disputed child custody questions is who spends the most time with the child. The judge usually determines this. However, it’s important to remember that your child will not be placed in a position of choice.
Rather, the court will make a determination based on the child’s best interests. It’s a complex question, and it’s worth taking legal counsel.
Division of Marital Property
Divorced couples may have a variety of complex issues concerning their property. They may need to hire an attorney to settle the matter, or they may need to take it to court. Either way, a judge will decide on the division of the marital assets.
Marital property is any property acquired by one or both parties during the marriage. Assets such as cars, homes, businesses, and inheritances are examples of marital property.
A good prenuptial or postnuptial agreement can protect a spouse’s separate assets from being divided in a divorce. Separate assets include inherited property, personal injury awards, and gifts.
When dividing property, courts consider some factors. These factors include the parties’ age, health, and the needs of any children. The division of the property also depends on the type of property.
Alimony
Alimony, also known as spousal support, protects the interests of a lower-wage earner during a divorce. It can be awarded for the spouse’s health and educational level.
Alimony can be awarded for a limited period or the rest of a spouse’s life. The amount and duration of alimony depend on state laws.
Most states require judges to consider certain factors when deciding on alimony. Often, a judge will award rehabilitative alimony. This alimony is typically awarded to former spouses who have missed career or educational opportunities.
If you’re considering filing for a divorce, you’ll need an attorney to guide you through the legal process. You may be able to work out a settlement agreement with your former spouse, or you can go to court.
Dividing Debts
Dividing debts during a divorce is as critical as dividing assets. The courts must divide debts fairly. This means the court must consider all the relevant factors.
One spouse may be responsible for a higher proportion of the family debt, especially if they are the primary physical custodian of the children. Another factor to consider is the duration of the marriage.
If the couple cannot agree to pay off the marital debt, they may want to consult a bankruptcy attorney. A bankruptcy attorney can help the couple devise a strategy to keep the debt from negatively affecting their credit.
Debts incurred during the marriage are considered a part of the marital estate and must be divided due to a divorce. The law requires that courts divide property in a “just and right” manner.
