Although every divorce is as unique as you and your family are, there are three basic issues common to the dissolution of any marriage, particularly those which have resulted in children: property division, child custody and child support. Some couples mistakenly assume that if they divorce amicably, there is no need to involve the lawyers. But even if you and your partner have decided to go with an “uncontested” divorce, meaning that you do not believe that you have any disagreements which need to be worked out in court, you should still sit down with a Weston family attorney to work out the details and properly document your divorce agreements. Although TV shows and movies focus on their court room antics, much of the real value attorneys bring to a divorce case is in advising you of your rights, of any legalities regarding the divorce process or the agreements you and you former spouse which to make, and in ensuring the proper legal documentation and submissions take place so that you won’t have to revisit the divorce later on. You and your former spouse may believe that being in perfect agreement about property division, child custody and child support make these issues simple, but the various legalities involved make them surprisingly complex.
Dealing With The Issues
The main reason that property division, child custody and child support are such complex issues is that the laws and procedures regarding with these vary from state to state, sometimes even by county. That’s why it’s so important that you and your former spouse choose local legal representation. Working with a Weston divorce lawyer isn’t just easier on your gas bill, it ensures that you have legal council that is experienced with all the particulars of divorce law and procedures in your area, so your divorce process will go more smoothly and the resulting legal agreements will be more secure. In the event that you do end up taking your divorce into the courtroom, it’s imperative that you have legal council that can represent you effectively, without wasting the court’s time by being inexperienced in the specifics of local divorce laws and proceedings.
What You’ll Need To Consider
Each issue has its own set of particulars that you and your former spouse will need to discuss and agree upon.
*Property Division: The main issue here is in determining which property and assets are communal and which are separate. This can be complex because the definitions not only vary between community property and non-community property states, but within the two different state classifications as well. Community property states, for example, may follow the basic tenets of community property, but may have completely opposite statutes regarding specific situations.
*Child Custody: Like property division laws, this issue also varies drastically between states and by county. In some places, child custody for minors no longer exists as a debatable issue at all. Each parent is automatically granted equal parental rights and responsibilities. With such variation in the legalities, it’s easy to see why it’s so important to work with a child custody attorney local to Weston.
*Child Support: This issue is more uniform than the others, although it’s still variable. In general, most states determine child support by assessing post-divorce parental incomes, time which will be spent in caring for the children, and childcare and living costs, including health and education.