Key Topics You Should Discuss With Your Divorce Attorney
Although, it would mean more legwork and forethought on the part of the clients, yet the investment will definitely pay off when they do a little homework before approaching a divorce attorney. Such an endeavor will lead to less billable hours as well as a good agreement that will safeguard them at present and in the coming days. When you are going to meet your divorce lawyer, here are some of the things to discuss with the attorney.
Any property that the couple acquires during the course of their marriage is known as a marital property. Some examples of marital property include household furnishings, furs, jewelry, furniture, cars and marital homes the owner of a particular property will be determined on where the spouse resides on a common law property or the state’s community property.
In case a married couple buys property and both their names are present on the deed or the title, both the spouses will be eligible for 50 percent share of the property in for community property. Thus assets that are acquired by the spouses during their marriage are split into equal parts irrespective of whose name is there on the deed or the title.
This is arguably one of the highest contested issues that you will encounter while your divorce proceeding is going on. Based on the state where you reside, physical or legal custody of your kids could be awarded on the basis of the best interest that is the emotional and physical well-being of your kids.
One of the most controversial issues in a divorce is the alimony that is rapidly changing with time. There may be variations in the way alimony is awarded by a court depending on the state where you filed for the divorce., some of the factors, which a court may consider while determining the alimony are duration of the marriage, educational qualification of the couples, age of the couple, emotional and physical health of the couple, the couple’s standard of living while they were living together, earning capacity and the employability of the couple and who is bringing up the children.
If the parent’s divorce, it is still their legal responsibility to ensure proper financial help for their kids until the latter emancipate. In other words, child support is an obligation, which both parents should take up. A court order will clearly outline the amount that should be contributed by each parent. It can be also done through a negotiation and thereafter mentioned in a written agreement.
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