Common Divorce Legal Issues

Divorce is expensive, emotionally exhausting and one of the worst things you can go through in your life.  You are confused about the common divorce legal issues and how you should deal with them and you aren’t quite sure what to do next.  This is where a good attorney comes in, their job is not only to protect your interests but to also guide you through the legal process.  There are really only four legal issues that apply in a divorce and not all of them may even apply to you, let’s have a look at them.

Dividing of Property

Almost every marriage has some form of marital property, be it the family home or the car you share.  During the marriage chances are you have accumulated assets along with debts.  Property can include joint business holdings, cars, homes, retirement accounts and joint savings.  You may also have joint credit card debts, mortgages, lines of credit, car payments and medical bills.  All of these must be accounted for and divided up evenly.  Your attorney and the courts can help you find a fair settlement of both debts and assets.  Here is a closer look at how that works.

Spousal Support

You probably are familiar with the term “alimony” that is spousal support and it is awarded far less now than in the past.  However if there is a large gap between incomes of the spouses or in a long term marriage then you may found spousal support awarded.  Often spousal support is awarded for a finite period of time allowing for the other party to get back on their feet.

Custody of Minor Children

Custody consists of physical and legal custody.  Legal custody is about issues relating to medical decisions, education and religious upbringing.  Physical custody is about where the child lives and the day to day care.  Many parents may share legal custody while one has physical custody.  However it is more common than ever for parents to share physical custody.  There are parenting schedules where the child spends time with both parents, often one parent has custody during the week and the other gets custody on weekends and holidays.

Child Support

Child support is often based on a straight forward formula that is based on the non-custodial parents’ income.  It can also depend on how much time the child spends with each parent.  Your state probably has a guideline that can tell you the exact amount you can expect to pay or receive based on income.  Factors that are considered are basic support for day to day expenses, food, clothing, etc.  It can also outline medical costs and child care expenses.

These are the most common issues you will face going through a divorce but that doesn’t make them any less painful.

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