Working Through Your Divorce One Detail At A Time
While you may be overwhelmed with the thought of getting a divorce, there are a number of details that you will have to pay attention to. What you establish as a custody arrangement and how you begin to divide up property can have a big impact on the final outcome of your divorce. While you may feel anxious to get things settled, it's important to have a divorce attorney look over your divorce agreement to ensure that your rights are protected. When you and your ex are struggling to come up with an agreement, having an attorney on your side will ensure that your legal needs will be met.
When You Have Children with a Marriage Partner
It's important that the children don't get put into the middle of your divorce, and that they are not used as collateral to get the things you want. Nothing good will come out of not putting the needs of your children first, even if this means you agree to more visitation for your ex than you would like. If your children have a relationship with both of you, it is likely that a custody arrangement will provide both of you with as close to equal parenting time as possible. Don't try to sabotage the relationship your children have with your ex just because you are hurt or angry.
When Property Needs to Be Divided
States are either community property states or equitable distribution states, and you will need to know what type of state you live in when it comes to dividing assets. In an equitable distribution state, marital assets are divided based on what is considered fair or equitable. In community property states, all marital property is divided in half. In an equitable distribution state, the court will look at the earning potential of both parties and may award more assets to the one who has less earning potential.
If There Is Marital Debt to Consider
Marital debt is divided similarly to assets. When you are worried about the debt you will incur, try to fight for unsecured debts such as credit card debt. If you aren't able to handle the debt you inherit from your marriage, you can file for bankruptcy if the debt is mostly unsecured.
Pay attention to the details of your divorce. Don't be afraid to confront your ex, but make sure you have the information to back up any claims you are making.
