Though people join into the commitment of marriage with the best hopes and intentions, there are many reasons why these relationships do not always work out. Regardless of why two people wish to divorce, there is an actual process involved, one that is important to understand to keep it as simple as possible. With the assistance of an experienced divorce lawyer, divorcing couples can more easily nullify a marriage and handle the other, more challenging issues resulting from this action as easily as possible.
What Are The Main Concerns?
Deciding to end a marriage is never an easy thing to do; however, once the two parties agree on this action, there are two main questions that need to be resolved before a divorce is considered legal and complete:
- Spousal Support – Whether one party is entitled to spousal support from the other depends on a few things, such as the rules for providing such support with each individual state. If it is applicable in the divorcing state, the next concern is the financial status of the involved parties. Spousal support is also one of things taken into consideration by the courts regarding the actual situation of the divorce, any emotional toll, and a few other areas that are not part of decision-making in other areas.
- Division of Property – The division of property owned by both parties and obtained during the marriage must be divided as well as possible. Sometimes, if agreement cannot be reached on community property, it may be sold by court order and any gains from the sale split between the two parties. One party can also elect to buy out the interest of the other party to obtain full ownership. The fine details on property division depend on each state’s laws concerning this topic; once a decision of ownership has been made, it must be approved by the court before the divorce can be finalized.
What About Parents Seeking Divorce With Children?
Divorcing couples with children will face a few other issues that must be resolved by the couple and agreed to by the court. Many times it is the issues encountered over legally arranging for both parents and children in a divorce situation that can bring out strong emotions, so this part of the process is best handled and guided by a qualified divorce lawyer.
- Child Support – Based on state laws, the financial status of both parents, and other considerations, it is up to the courts to decide whether or not child support is warranted in each divorce situation and by whom, what kind of support must be provided, and the monetary amount of such support.
- Parenting Arrangements – When it comes to parenting rights, this is the most difficult area to resolve. When emotions become involved, the situation becomes more difficult to resolve since parents already upset about the divorce must then agree where children will live, for how long, and what will be the basis of visitation rights by the non-custodial parent. If agreement cannot be reached, the court will have to step in and resolve parenting issues that will allow children to spend time with both parents.
In times of emotional turmoil, especially when children or the ownership of joint property are involved, the best recommendation for any couple is seek the counsel of a divorce lawyer and hopefully let that attorney work out the legal details as much as possible. Under any circumstances, divorce is a difficult undertaking, requiring the help of qualified attorneys to represent the interests of both participants – and children if involved. Hopefully, a satisfactory conclusion can be reached for both involved parties.
Reynaldo G. Garza, III
680 E. St Charles, Suite 600
Brownsville TX 78520