When you decide to divorce, it is essential that you find a lawyer who can assist you. Be sure they possess the expertise needed for your case and take an approach that aligns with your desired outcomes.
Some attorneys provide mediation and conflict resolution services. Others may take a more assertive approach when litigating your divorce case.
Child Custody
Child custody cases can be one of the most emotionally charged and complicated aspects of divorce. In these proceedings, the court decides where children live, how much time each parent spends with them, as well as other important matters regarding their wellbeing.
Though courts always make their decision based on what's best for a child, there are several factors that may influence its outcome. For instance, parents with histories of substance abuse problems, criminal activity, or domestic violence may be deemed unfit to provide a healthy living environment for the child.
Typically, courts award custody to a parent who has shown an eagerness to care and nurture their child. This includes making lifestyle changes in order to be more present with their kid.
Property Division
Property division is one of the most complex and challenging issues a werribee Divorce lawyer lawyer must tackle. The division of assets, debts, and other types of properties can have lasting effects on a client's finances for years or even decades to come.
The process can also involve complex retirement benefits, such as pensions and IRAs. To transfer these assets legally, a qualified domestic relations order (QDRO) should be used to prevent penalties or taxes from applying to withdrawals or transfers made before someone is eligible for retirement.
In most states, the law requires property to be divided equitably upon divorce. This means the judge will assign the total value of all marital assets according to what makes sense given the circumstances.
Financial Settlements
Divorce settlements are a means to resolve financial matters that may arise after separation. They may involve money, joint accounts and savings accounts, financial responsibilities for children, businesses, pensions, income streams, land/family homes, valuable furnishings and cars as well as other assets.
A financial settlement must be fair in its distribution of assets between two parties to guarantee both parties financial security. Doing this helps avoid future financial conflict between them.
The initial step in any financial settlement is gathering all relevant documents from each party. This gives each person a comprehensive view of their assets, allowing negotiations to commence more efficiently.
It is essential for each party to comprehend the taxation of their assets. The financially weaker party may require more of the assets in order to meet their needs, especially if they have additional expenses such as child care or housing costs.
Representation at Court
Representation in court is often part of the divorce process. This may involve filing pleadings, attending hearings and conducting legal research and gathering documents.
A lawyer may also perform other administrative duties, such as managing your finances and offering free legal advice. Representing yourself in a legal matter without legal representation can be challenging.
A lawyer can assist with your financial situation by helping to properly inventory and monitor your assets. Doing this helps guard against any misrepresentation of financial information by your ex-spouse.
A lawyer may also provide you with guidance on the tax advantages of certain investments and property. This is essential when negotiating a divorce settlement, as it determines how much money is left for each party. For this reason, working with a CDFA(r) professional to determine your pre-tax and after-tax value of all your assets before making major financial decisions such as selling your current home or purchasing another one is recommended.