When two people walk down the aisle and get married, they’re not thinking about a possible divorce. But many marriages don’t make it. It’s a sad reality that what starts as wedded bliss all too often ends with contentious divorce proceedings as warring couples who want their own way.
Even before getting married, you must understand what you’re getting into. And while no one wants to consider the possibility of divorce, it makes sense to know the good and the bad. So, if you do end your marriage, you’ll know what to expect. Of course, hiring a reputable family law attorney in such instances is the best investment you can make.
“About 50% of first marriages end in divorce,” says Brian A. Walker from Brian Walker Law Firm. “For second marriages, the failure rate is even worse at north of 60%, according to Census data. If your marriage is on the rocks and you need legal advice or if you’re ready to separate or divorce, the right family law attorney can help you navigate the complex process.”
Here are four things to know if you plan to terminate your marriage by filing for a divorce
1. Child Custody
Child custody issues tend to be among the most hotly contested when married couples divorce. There are two kinds of custody to know about — legal and physical custody.
On the one hand, legal custody pertains to the parent with the right to make decisions about where their kids go to school and what medical care they get. On the other hand, physical custody pertains to which parent the children live with.
The courts will sometimes assign one parent both legal and physical custody or give one parent physical custody and the other one legal custody. The judge will consider various factors to determine what’s in the children’s best interests.
2. Child Support
Yet another issue the courts decide is child support payments. Couples should decide custody and child support matters amongst themselves and their respective lawyers. But failing that, the courts may order a parent to pay the other parent child support for the children. Family law attorneys typically try to help their clients reach agreements that are fair to both sides. However, divorce proceedings tend to bring out the worst in some people. So, some couples adopt a more adversarial approach rather than trying to work things out peacefully.
3. Spousal Support
Another issue to consider if getting a divorce is spousal support. It’s not always applicable. But some judges will award it in cases where there is an income disparity between the divorcing couple. For instance, if one spouse worked while the other was a stay-at-home parent, a judge may rule that the working spouse must pay the stay-at-home spouse alimony. The period of time for spousal support isn’t etched in stone and will depend on certain factors.
4. Marital Property
Another issue that can be contentious is the division of property after a divorce. According to one source, most states aim for the equitable distribution of marital real estate, which calls for divvying up marital property equally between the two sides.
If you’re getting married and want to protect the assets you bring into the marriage, you need a prenuptial agreement. A family law attorney can help you put one together. It can make things easier if your marriage ends in divorce since the courts are likely to respect a valid prenup.
The best thing you can do is hire a family law attorney. Trying to go it alone is one of the worst decisions you can make. Get the help you need to make the right decisions.
