If divorcing spouses cannot amicably settle the divorce, a legal battle can ensue. Most legal conflicts in a divorce arise in the form of:
- Alimony payment requests
- Division of joint assets
- Child custody decisions
- Child support requests
When a divorcing couple can't agree on the above aspects, they usually opt to settle the matters in court. The need to hire divorce lawyers then arises. Divorce lawyers can assist in negotiating the above factors but, if negotiations fail, your divorce lawyer will have to represent your interests in court.
Here are four cases that a divorce lawyer can handle for you.
1. Division of Assets
If a couple accumulates assets together, each spouse is entitled to a fair share. However, dividing the assets can be a challenge. For instance, deciding who gets the house is tricky because one of the spouses has to move out.
Divorce lawyers provide legal counsel and act as negotiators during marital asset division. Your divorce lawyer will advise you on the assets you're entitled to and guide you through negotiations with your ex-spouse.
A good divorce lawyer will ensure you get a fair share of your joint assets.
2. Child Custody and Visitation Rights
If a divorcing couple has children, either spouse can claim custody of their children. In most cases, divorcing couples agree to share custody of the children. But, if your ex-spouse wants to claim sole custody, you have a right to fight for your children.
Courts always consider the children's best interest when deciding who gets custody. Hence, the court allocates custody to the spouse who is best suited to raise the children.
A divorce lawyer can help convince the court you are better suited to raise your children. For instance, if your ex-spouse has a history of domestic violence, the lawyer can use such information to convince the court that the children are safer with you.
Nonetheless, if the court decides to grant custody to your ex-spouse, a divorce lawyer can help you get visitation rights to your children.
3. Child Support Payments
A divorcing couple has to figure out how to cater to their children's needs after the divorce. The parent who gets custody can file for child support payments from their ex-spouse.
A divorce lawyer can help you calculate and negotiate a reasonable monthly child support amount from your ex-spouse.
4. Alimony Payments
If your ex-spouse was the breadwinner in the household, divorcing them can leave you in an uncomfortable financial situation. For instance, if you were a housewife/husband, getting divorced means you no longer have any financial support from your ex-partner.
A divorce lawyer can help you file for alimony. Alimony is money your ex-spouse pays you for upkeep after a divorce. Alimony enables you to cushion your financial difficulties after a divorce.