Going through a divorce?
There are many emotions that are felt during a divorce. Divorce itself is already legal, but knowing what you should do with property, support, custody arrangements — it is so stressful. And here’s the deal…
Most people have no idea what they are entitled to in a divorce settlement.
Hiring a knowledgeable divorce attorney can make a world of difference. An attorney who knows the divorce process will protect legal rights and help ensure nothing gets left behind during life-changing events like divorce.
In this article, you will find what attorneys should know about protecting legal rights when divorcing: property division, spousal support, and custody. Let’s check it out!
What you’ll discover:
- Understand your basic legal rights
- Property Division: Know your rights
- Spousal Support & Alimony explained
- Custody of a Child and Child Support
- Right to legal representation
Understand your basic legal rights
One thing most people don’t realize is…
As soon as the divorce process begins, certain rights automatically become in place. These aren’t things an attorney has to obtain – they’re already there. However…
Protecting those rights? That’s a legal expertise job.
With 45% of marriages ending in divorce, divorce lawyers need to be more familiar with divorce-related rights than ever before. It should be noted that every divorce process involves three main parts:
- Property and assets division
- Spousal support
- Child-related issues (if applicable)
An attorney needs to understand each of the three matters to protect legal rights. Why? Because some rights can be lost permanently after the divorce is over.
Property Division: Know your rights
One of the biggest mistakes that people make during divorce is…
Believing property division is cut and dry. It is not.
There are two main systems of property division. States can either be a Community Property state or an Equitable Distribution state.
- Community Property States: All property acquired during the marriage is split 50/50
- Equitable Distribution States: Property is divided fairly (but not necessarily equally)
But let’s make one thing clear…
Not all property is marital property. Separate property includes:
- Assets owned before marriage
- Inheritances given only to one spouse
- Gifts given only to one spouse
- Property acquired after separation
But if separate property becomes mixed with marital property? Then that is known as commingling and it changes the equation.
The property division process
An attorney needs to know how to:
- Identify all marital assets (even the hidden ones)
- Value assets like businesses, real estate, and retirement accounts correctly
- Stop a spouse from hiding or wasting marital property
- Negotiate an equitable distribution agreement
Here is something to think about…
If an attorney does not discover a hidden bank account or value a business correctly, money is being left on the table. And if divorce is finalized, it is nearly impossible to go back.
Spousal Support & Alimony explained
One of the most common questions people have is…
Who gets alimony?
The answer is not as straightforward as most people think.
Spousal support (also known as alimony or maintenance) is not an automatic part of every divorce. There are certain things a court takes into consideration when deciding if spousal support will be awarded.
- Length of the marriage
- Earning capacity of both spouses
- Standard of living during the marriage
- Age and health of both spouses
- Contribution to the marriage (including homemaking)
There is also one more thing to remember…
In many states, if spousal support is not claimed before a divorce is finalized, the right to claim it is waived forever. An experienced attorney is aware of these deadlines and will ensure nothing is overlooked.
Types of spousal support
There are different types of spousal support depending on the circumstances:
- Temporary Support: Paid during the divorce process
- Rehabilitative Support: Allows a spouse to become self-sufficient
- Permanent Support: Paid indefinitely (becoming less common)
- Reimbursement Support: Rewards a spouse who supported the other through education or career
The average cost of divorce is between $7,000 – $15,000, and spousal support arrangements can have a huge impact on post-divorce finances.
Custody of a Child and Child Support
Child-related decisions are where emotions run the highest…
Child custody and support decisions impact not only the parents but also the kids involved. For that reason, courts base custody decisions on one thing:
The best interests of the child.
An attorney should be well-versed in how courts decide what is in the child’s best interest. They include:
- The ability of each parent to provide a stable home
- The child’s relationship with each parent
- Each parent’s willingness to facilitate the child’s relationship with the other parent
- The child’s adjustment to school and community
- The existence of domestic violence or substance abuse
Legal vs. Physical Custody
There is a major difference between these two types of custody:
- Legal Custody: The right to make major decisions about a child’s upbringing (education, medical, religious)
- Physical Custody: Where the child actually lives
Joint legal and physical custody have become more common in recent years. However, the exact arrangement should suit the unique needs of each family.
Child Support Calculations
Child support is not negotiable like other parts of a divorce settlement.
In most states, there is a specific formula used to calculate child support. They take into account the following factors:
- The income of both parents
- The number of children
- The custody arrangement
- Children’s needs (medical, educational, etc.)
A knowledgeable attorney will ensure all income is calculated properly and that all factors are included in the support calculations.
Right to legal representation
Did you know that not all parties in a divorce have an attorney?
The truth is that some people try to save money by handling divorce on their own. That’s a huge mistake.
Divorce is a complicated legal issue that has long-term consequences. A qualified attorney will:
- Protect assets and financial interests
- Make sure all required paperwork is filed
- Negotiate favorable settlement terms
- Represent in court, if necessary
- Prevent costly mistakes that cannot be undone
With 70% of divorces initiated by women, and millions of divorces being filed each year, quality legal representation is no longer a luxury. It is a necessity.
When to get an attorney involved
It’s better the sooner than later.
Many people wait until issues arise to call a lawyer. However, an attorney should be involved from the very beginning to:
- Advise on what steps to take (or not)
- Help gather required financial documents
- Protect against attempts to hide or waste assets
- Set up temporary support and custody arrangements
The consultation with a lawyer should take place before any major decisions are made about divorce.
Wrapping things up
Divorce is never an easy process. But understanding legal rights and having a knowledgeable attorney by your side makes a world of a difference in the outcome.
Key rights that need protecting include:
- Fair property division
- Appropriate spousal support
- The best custody arrangements for children
- Correct child support calculations
These are not the types of things people should figure out on their own. Mistakes made during divorce have consequences that last for years – even a lifetime.
That is why having an attorney who has a thorough understanding of all aspects of divorce law is so important. Attorneys can navigate all the legal complexities and protect legal rights by fighting for fair outcomes.
Quality legal representation is a massive investment during divorce. When it comes to protecting a future, there is no room for cutting corners.
