Some divorces are very simple. If both parties want to end the marriage, one spouse can file for divorce at a local state government office. Nearly every state has no-fault divorce laws, which means that no reason but "irreconcilable differences" needs to be given. After a period of separation, which is usually one year, a divorce is granted. Of course, this simple method is best for childless couples with limited assets, but it can work for any couple who will reasonably divide their financial assets and agree upon child custody and support.
However, if divorce is being considered, there is often communication issues or hostility from one or both parties. If this is the case, a divorce attorney may be the best option.
Financial security after divorce
An experienced divorce attorney can help their client to keep as many shared financial assets as possible. This is important for clients who have supported the educational goals and career advancement of their spouses while sacrificing their own personal development. These assets that the client has brought into the marriage are not readily apparent on financial statements. A skilled divorce attorney can help the supporting spouse to be adequately compensated for their sacrifice of education and career for the benefit of the marriage.
Child custody and support
Issues with child custody and support are also best handled with the help of a divorce attorney. One spouse may be more financially sound after a divorce, but there are many other considerations when custody of children is granted, including:
- The spouse who has physical custody of children at the time of the divorce proceedings will often be awarded permanent custody, unless that parent is shown to be unfit to care for the children.
- Ability to provide adequate care for children is not only judged by financial means. If you were the primary caregiver during the marriage, or if your former spouse works long hours or travels frequently, a divorce attorney can help you to not only retain custody of your children, but negotiate for increased child support.
- A divorce attorney will also investigate the personal life of the former spouse, including use of social media, to look for evidence or extramarital affairs or other unacceptable behavior. Of course, this goes both ways. If you intend to seek custody of your children, you should also be careful in your use of social media and your personal relationships. It is best to assume that your former spouse may have hired a divorce attorney also.
Whether or not your behavior is being monitored for divorce proceedings, if you intend to be your children's primary caregiver, you should be the person that you wish to project to the world. Contact a divorce attorney like Garrett & Silvey Law Firm for more information.