The family household is perhaps the most sacred thing in all of America, and when hardships occur, it could be difficult to know what’s the next move. As with separation, divorce court, child custody, and child support, there are many situations in which legal assistance is needed. Going through any of the aforementioned battles can be heinous, but with a little guidance, you can retain what’s most valuable to you.
Regardless of the situation you’re facing, you should be prepared for any legal battles set to occur. Here’s what you should be aware of when going through divorce or child custody.
Rights After a Divorce
There are plenty of divorce lawyers that are greatly knowledgeable and willing to help you during the trying period of separation, and there are a few conceptions about divorce that are worth regarding.
When spouses make the decision to get a divorce, the duration and separation period will vary by state and potentially situation. The primary issue that is typically thought of during the divorce process is the splitting of assets. There are laws in place to guarantee a fair separation, which is often thought of to be 50/50, but the reality of the situation is that assets will be split at varying levels depending on certain factors.
A 50/50 split is common, although different ratios are also possible. If you’re uncertain of where your assets will fall, consult with an attorney about your divorce.
Going through a spousal separation may be difficult on the mind and spirit, but going through this situation with knowledge of your rights can help to ease the difficulty. If the partners involved in a divorce also have a child, then as parents, there’s more that should be considered about child custody and child support.
Child Rights After a Divorce
If children are involved, an attorney will most likely be needed in order to clear up where custody will lie, if visits will take place, or if child support will be required. Thankfully, rights regarding a child do not always need to be decided by the court, as parents can often negotiate their own terms and come to their own agreement.
If a reasonable agreement cannot be met, then the law will consider caregiver background, family history, and the health and safety of the child in order to determine custody. From then, certain actions can be put in place, such as bi-weekly visits or holiday time. Split custody may also be an option.
As with child support, the court will also look into the background and earnings of each guardian. Refer to a legal professional if you have any further inquiries about the custody of your child.
Getting Through a Divorce
There are many factors that are considered when splitting up with a spouse, but the right legal guidance can give you the most out of the situation that’s being faced. Assets and children are commonly considered closely by the law in order to guarantee a fair divide to both sides of the battle. If you’re in the process of getting a divorce, whether you have a child or not, consider speaking with an attorney about your individual rights and how you can retain your livelihood.