Divorce Attorney Hattingen Explains the Basics of Divorce
When a couple decides to divorce, they must submit documentation that can include paycheck stubs, tax returns and property value information. They also must agree on terms for child custody, spousal support and property division.
A good Scheidungsanwalt Hattingen can help you reach a fair settlement. Find one that is skilled at negotiating and seeing the big picture.
Divorce
Divorce, or dissolution of marriage, is the legal termination of a married couple’s relationship. It involves several issues, including property division and child custody.
The divorce process is complex and emotionally draining. Often, spouses disagree about how to resolve these issues. If the parties cannot come to an agreement, the case may end up in court. This is called a contested divorce.
Some states offer a simplified divorce procedure, which is sometimes known as a limited divorce or a separation decree. This option is available to couples who have been married for a short time, do not have children and do not own significant joint property.
Child Custody
Child custody is the legal right to make decisions about a child’s residence, healthcare, education and religious upbringing.
Parents can share joint physical custody (also called residential custody) or one parent can have sole physical custody and the other parent has visitation rights.
Ideally, the parents will work together to co-parent their children after a divorce but circumstances can necessitate other arrangements. A Judge will decide what living arrangement is in the best interests of your children. If a party doesn’t obey court orders, they may be found in contempt of court. This could result in fines or jail time. A Judge can also change a custody or visitation order if there is a significant change in circumstance.
Child Support
Child support is a financial commitment to the well-being of your children after the end of a marital or nonmarital relationship. A court will determine how much you owe or will receive. Generally, the number of children involved will play a significant role in determining your payment. Likewise, other circumstances such as remarriage, the addition of another child or a significant change in income may impact your payments.
It is essential to prove that your new financial situation meets the necessary requirements for modification of your child support amount. Judges typically are concerned with changes that occurred since the original support order was issued.
Alimony
We help our clients with alimony, which is also known as spousal support and maintenance. It’s less common than child support, but spouses who have stalled their careers while taking care of the children can still need financial assistance during and after divorce.
The courts determine whether alimony is appropriate and on what terms. For example, rehabilitative alimony may be awarded while the lesser-earning former spouse attends school to improve their skills or marketability for work. Permanent alimony, however, is usually only granted in cases where the recipient needs long-term assistance. A judge can change a spousal support order after the divorce if circumstances change.
Property Division
One of the most complex parts of divorce is dividing assets. This can include everything from real estate to family heirlooms. Depending on the circumstances of your case, it can also affect the outcome of other legal issues like alimony and custody arrangements.
In New York, judges divide marital property fairly based on the circumstances of each case. Marital property includes all assets and debts that you and your spouse acquired during the marriage, unless it was clearly defined as separate. This may include assets such as investment/bank accounts, retirement accounts, vehicles, and homes. The court will also evaluate the worth of each asset or debt.
Mediation
Ninety-five percent of legal disputes settle outside of court. Mediation is a less costly and faster option than a trial.
A mediator will help you and your spouse sort out any differences regarding money, property or children without going to court. They can also discuss issues such as alimony (spousal support) and whether or not it is possible to divide assets evenly.
Learn how full financial disclosure and transparency are crucial during mediation, paving the way for accurate child support calculations. And discover how extracurricular activities can be negotiated into a child support agreement, allowing your child’s passions to flourish without breaking the bank.