If you have been thinking of getting a divorce, you will want to hire a lawyer that can protect your best interests. This is important for a variety of reasons.
The most obvious is to get the most beneficial terms possible out of your divorce (child support, asset division, and child custody). However, lawyers can also help you deal with family debt.
Child custody and support
When a divorce is finalized, child custody and support issues can be among the most complicated concerns for a divorcing couple. Having a Family lawyer near me on your side can help you understand how child support is calculated and ensure that you’re getting the best possible outcome for your children.
In Sydney, child custody is determined by a judge based on the child’s “best interests.” This standard involves looking at a number of factors, including the parents’ financial situation, the child’s age and special needs, and the parenting skills of both parties.
The parent who spends the most time with the children is usually designated as the custodial parent for purposes of child support payments. However, this does not mean that the non-custodial parent has no rights to visitation with the children.
Asset division
Divorce attorneys can help determine the value of marital assets such as homes, vehicles, jewelry, antiques and art. They can also assist with dividing business interests, retirement accounts and investments.
In most states, marital property is divided according to a rule called equitable distribution. This means that the court will determine a fair and just division of assets.
Often, this means that a spouse may keep more of their assets. However, determining how to divide these assets can be complicated and difficult.
A skilled divorce attorney can help you make an argument for how a judge should split these assets between the parties. They can also advocate for the rights of you and your spouse to receive the full amount of property that you earned during the marriage.
An equitable distribution state, which means that courts will consider a variety of factors when deciding how to divide your marital property. This is not always a straight-forward process, and it is important to work with an experienced attorney.
Family debt
Family debt is a significant part of a divorce, but it can also be one of the most confusing aspects of a legal separation or divorce. A divorce lawyer can help you navigate the complexities of debt and division in a divorce, as well as ensure that your spouse is responsible for any debt incurred during the marriage.
Every state has different laws regarding debt and property division in a divorce. The majority of states follow either community debt, or equitable distribution, which means that assets are split based on each individual’s financial circumstances.
The main issue with debt is whether it was incurred before the marriage or during the marriage. If the debt was incurred during the marriage, it is considered marital debt and must be divided during the divorce.
This can be a frustrating and complex process because the court may decide that debt was incurred for the benefit of the couple, but is not attributed to the spouse. This can occur with debt commingled with community property, such as a mortgage or car loan that was used to pay for a vacation or children’s needs.
Spousal support
When a couple divorces, the court can order one spouse to pay another spousal support or alimony. This payment is designed to help an impoverished or lower-wage-earning spouse maintain their standard of living after the marriage dissolves.
Divorce lawyers can help you understand your rights and options regarding spousal support. They can also help you estimate your monthly support payments and locate a place to live that fits within your budget.
The duration of spousal support payments generally depends on the length of the marriage. A judge can order a short-term, temporary spousal support payment before the case is finalized.
Permanent spousal support (also called alimony) continues until the recipient remarries or either spouse dies. It can be modified if there’s an improvement in the economic situation of the payor or the recipient.
If you’re concerned about spousal support or have questions about your options, contact an experienced family law attorney as soon as possible. They can help you decide what’s best for you and your children.