When couples get married, they intend to live happily ever after. Sometimes it doesn’t go that way, and divorce does happen. Having to live separate lives with someone you have loved and had a family with for years can be devastating, painful, and difficult. The divorce procedure is also expensive and time-consuming. It can get quite emotional and complicated when issues of children’s custody and wealth distribution are involved. Nevertheless, there is any need for staying in a marriage that is not working. Most law firms in the U.S deal with divorce issues but hiring a specialized family law firm such as Jensen Family Law – Mesa can help you resolve your case quickly and better. There are several types of divorce procedures such as; summary divorce, uncontested divorce, default divorce, collaborative divorce, and many others.
Summary divorce is the least complicated of the separations. It often involves couples who haven’t been married for very long and have no children, property, or joined debts. Both spouses have to agree to the divorce and jointly file court forms from a local family court. That can quickly be done without the help of a family law attorney.
An uncontested divorce is where you and your spouse agree with the terms of your divorce. In this case, you file the court papers together, and you don’t need to attend court for a formal trial.
A default divorce is granted when your spouse doesn’t respond for unknown reasons or just gone missing and cannot be reached.
Collaborative divorce is where each spouse hires their legal representatives who work together to come to the desired agreement. Should the settlement be unfavorable, then your original attorneys will withdraw, and you can utilize different attorneys to take your case to trial.
Most divorce cases come with child support and community wealth distribution issues. Matters involving minors and Child support are significant in any divorce and can be very stressful. Family law provides guidelines on how the concerns of child custody and support are to be resolved. You may require the services of an attorney who is well versed with family law to help go through this legal process.
Divorce cases that involve minors, child custody, and child support are often very delicate. While child support is supposed to cover housing, food, and clothing, more often, this may not be the case because the costs of raising a child involve more than just these basic needs. Child support or maintenance is paid by a non-custodial parent (obligor) towards the financial benefit of a child, custodial parent, caregiver, guardian, or the state (oblige). As a parent, you are only obligated to pay child support for your natural or adopted children; any other help towards stepchildren and parents is voluntary. You are required to make child support payments until; your child becomes an adult at age 18 or when your child becomes active –duty military. The fees may also be terminated if the custodial parent (obligee) waives that right or your parental rights get nullified through adoption or a legal process.
When it comes to community wealth distribution, the court has first to determine who owns what in the marriage. The court then decides how to divide community wealth if a couple did not have a set-out agreement before marriage detailing how the property was to be distributed in the event of a divorce. Community property begins at the wedding and ends when the couple terminates the marriage. Your earnings, savings, property, and accrued debts obtained within your marriage are treated as community property. You may need the services of a reasonable family law attorney to help you go through the identification of what is personal property and community property because sometimes they get so mixed up that you may not be able to separate them.
When you divorce, your community property is split evenly, though some assets such as your house may be awarded wholly to one spouse since they cannot be divided. You or your spouse gets awarded other assets of total economic value for the same. You may not receive the 50/50 distribution if you find yourself in a situation where the community liabilities and debts are more than the available assets. In such a case, the creditors’ interests will have to be protected. But you can be awarded property because of a personal injury obtained during the marriage.
Divorce proceedings and especially community property distribution is very complex, and it is best always to contact a qualified family law attorney to help you find the justice that you deserve.