3 Things to Discuss with Your Divorce Lawyer
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A divorce is a messy and emotional time in two people’s lives. It’s the end of a partnership that sometimes lasted for decades. Emotions are high and raw and in the midst of this turmoil, there is also a lot of details to figure out. A divorce lawyer can help you navigate through this difficult process. When going through a divorce there are three things you need to make sure you discuss with your divorce lawyer.
Over the years, you and your previous spouse acquired a variety of things such as a house, cars, vacation properties, jewelry, and furniture. When you are going through a divorce anything you owned or acquired while you were married needs to be divided in some way.
There are two different types of states that determine how you divide up your property: common law states and community property states. In common law states, if the property is only in one person’s name, then that person is allowed to keep that property. However, if both names are on the deed (such as a house or a car) then that property will be split in half.
In community property states any piece of property acquired while you were married – even if only one person’s name is on the deed or title – will be split 50/50. Community property also includes money.
To determine what needs to be split or what type of state you live in, consult a divorce lawyer. You’ll need to come prepared with all the documentation and deeds that shows whose name is on the title.
The most challenging subjects when going through a divorce are those related to child support and child custody. Both parents are legally required to pay for their children until the child is considered an adult (typically at 18 years old). This right to be supported financially belongs to the child – even though the child support checks go to the other parent.
The amount of child support you owe is determined by the state and is calculated by using both parents income. There are fixed, variable, and controlled child support costs. Fixed costs are those required to pay even when the child isn’t physically living in your house. Variable costs are costs that incur when the child is living with you. Controlled costs are things that the primary caregiver needs to take care of the child.
Parents can receive either legal or physical custody – or both. Legal custody means that the awarded parent has the right and ability to make legal decisions regarding the child including health, living situation and education. Physical custody means that the child physically lives with the awarded parent. Legal and physical custody can also be awarded jointly. Custody arrangements can change over time depending upon the child’s needs at the time.
Once a couple divorces, it’s important to determine if there will be any continued spousal support, or alimony. Alimony is based on financial need and length of marriage. Spousal support can be permanent, limited in duration, rehabilitative (until the other spouse gets back on their feet), or reimbursement (if one spouse gave up their career to take care of the children).
It’s important to discuss your financial needs and goals and what support you will need in order to accomplish that.
If you are going through a divorce, reach out to a divorce lawyer. The last thing you want to do during this time is deal with legal paperwork. Call a divorce lawyer in Rockville, MD today to make sure you get everything you need and deserve in the divorce.
Thanks to the Law Office of Daniel J. Wright for their insight into family law and things to discuss with a divorce lawyer.