Having a checklist of issues to discuss with your divorce attorney will help you understand your goals and how to proceed. It will also ensure that you and your lawyer are on the same page from the start of your case.
Make sure you bring this information to your first consultation. It can save a significant amount of time and money.
The divorce agreement is a written legal document that sets the terms of your divorce. It covers various issues, including child custody, alimony, visitation rights, and division of assets.
A divorce settlement agreement can help you avoid a lengthy court battle and save money. It’s beneficial if you have children.
Specifying who will get household items like heirlooms and who will pay debts incurred during the marriage is essential.
You should also include spousal support, which is financial support paid by one spouse to the other. It should be established in the agreement and state when the payments will start, how often they’ll happen, and what methods are acceptable (check or bank transfer). Using a lawyer to draft your divorce agreement is strongly advised. Instead, suppose your spouse’s lawyer has already created it. In that case, you should employ a divorce lawyers kingman az to evaluate it (on your behalf) and ensure that crucial legal clauses are added, removed, or changed to safeguard your interests.
Custody entails several vital decisions that impact the lives of children. These include where they live, their upbringing, and if and when they get medical care.
A child custody arrangement is usually determined through a Family Court or as part of a divorce case. The judge will consider several factors to decide your child needs best.
Joint legal custody is a typical custody arrangement where both parents share the right and responsibility to make significant decisions about the child. However, one parent makes critical decisions without consulting the other. In that case, this will be considered a breach of custody rights, and this person may lose their sole legal custody.
Physical custody can also be ordered, establishing who the child will primarily live with and when they will have visitation with their other parent. Sometimes courts order joint physical custody, with the child spending equal time with each parent, but more often than not, a child will spend a lot of time with one parent and have visitation with the other.
Child support is an integral part of any divorce or separation. It helps pay for a child’s daily needs, including food, clothing, shelter and medical expenses.
Each state has different guidelines to determine the amount of child support. But the standard is based on the parent’s income.
If one parent’s income has decreased significantly, the court may order a child support modification. It can be done by filing a request with the court or the government child support agency, Support Enforcement Services.
Alimony is a type of spousal support paid to one spouse to help them maintain their living standards after divorce. It may also be called “maintenance.”
Unlike child support, which has occasional cost-of-living adjustments, alimony payments tend to remain the same from year to year.
The court looks at several factors to determine whether a spouse is entitled to alimony. These include the length of the marriage, the income of both parties, and any other circumstances the judge considers fair.
A former spouse with a lower income and not currently employed may need to show that they have attempted to find work in a higher-paying field. They may also undergo a vocational evaluation to determine their future earning capacity.
When you and your spouse divorce, property division is an issue that may be settled through a settlement agreement or handled in court by a judge, it involves dividing your assets and debts between you equitably for both parties.
Generally speaking, a judge will assign each party a percentage of the total value of the couple’s marital estate (sometimes called the “community estate”). This percentage includes the value of the house or other real estate, stock in a company, bank accounts, and any other separate or non-marital assets that the spouse owns.