Divorce Issues You Need to Address
If you’re headed toward a divorce, you likely know that the coming weeks and months may be a little bumpy. But you may not know precisely what kinds of decisions you’ll be facing. There are certain issues couples face as they split; here’s a little preview of what’s ahead.
Property Division
One big issue that most couples face is the equitable division of property. It’s basically the separation of all assets and debt that have been acquired since you got married. The steps involved include:
- Cataloging all assets and debt- from savings and retirement accounts to homes and vehicles, mortgage to credit card bills—on an affidavit for your attorney.
- Itemizing everything as either marital—accrued after your marriage—or non-marital—belonging to just one of you preceding the wedding. The former is split equitably, and the latter stays with the original owner in most situations.
- Assessing the fair market value of all marital property.
- Determining an equitable division of marital property that seems fair to you.
Custody Issues and Parenting Time
When couples who have minor children divorce, the difficult process of deciding legal and physical custody can be one of the hardest things that have to be done. The courts favor having both parents play a significant role in the children’s lives and that parents share custody evenly when possible.
- Physical custody refers to where the children live and their daily routines.
- Legal custody relates to decision-making ability around central concerns such as education, healthcare, religion, and the like.
Developing the Parenting Plan
You and your spouse should try to develop a parenting plan for the court that stipulates how the kids’ time will be spent with each parent on a regular basis, during holidays and special occasions, throughout summer breaks from school, and so forth. There are forms to assist parents as they consider all sorts of contingencies. Legal custody is also addressed in these forms, and outline various decisions that may need to be made, from dental care to extracurricular activities.
Determining Child Support
Kids are expensive these days, and both parents are expected to subsidize their well-being. The courts use a formula to determine child support payments, which generally continue until the youngest child reaches age 18.
Settlement, Mediation or Trial?
Couples who come to an agreement on these and other issues prior to entering a courtroom can save time, money, and emotional exhaustion. Attorneys can help with mediations and/or coming up with a settlement for couples amenable to the idea. Otherwise, each side will have the opportunity to present their ideas to the court and will ultimately have to abide by the judge’s final determinations.
Advocating for You
Can it be a challenge? Of course! But at WiseLieberman our experienced Boca Raton divorce attorneys are here to help make the whole process as smooth as possible. To discuss your situation, schedule a confidential consultation in our Boca Raton office today.
