How Divorce Works

Normally, people contemplating a divorce and have no idea what to expect from it. Many divorces have seen on television or in the movies, and often personally know someone who has been through a divorce. More and more often people also experience the divorce of their parents. Despite these experiences, “second hand” to face his own divorce is one of the most traumatic events in life. You face not only the legal conclusion of one of the most important relationships in your life, you should also start thinking about unpleasant, such as division of property and finding a new home situations. In many cases, you also have to pass the bitter pill of not seeing their children daily.

Divorce and Family Law

The prediction and divorce are not terms that go hand in hand, but have realistic expectations will help or be satisfied with the outcome of your divorce. For the same reason, it is important to understand what divorce can and can not do for you.


Division of property:

A Family Court seeks to divide the assets of a marriage in the most economical way possible. In most states the following are excluded from this division: property acquired before marriage, goods that were a gift, or property that is inherited. In some states (where community property are recognized) this leads to a distribution of 50 percent of property acquired during marriage for each of the parties. Other States (where community property is not recognized) the financial circumstances of the couple, their future financial plans and other relevant issues are reviewed. All this in order to make a fair distribution of goods.


Because the division of property is never predictable, it is best to hire a lawyer to negotiate ahead and set the division of property with your spouse’s attorney.


For example, it may happen that while you would love to keep you home, it is more importnat to keep your business. Therefore, you could give up your home in exchange for the business. Thus, you could come to a mutual agreement with your spouse to divide the assets.


Support obligations. The court will also determine who has the obligation to provide support to a partner. This support may be through the support of a child (a), or the support of your spouse (also called “pension”). Payments for support of a child is largely set by state law, but it is not surprising that these standards are changed. Also, child support orders depend on custody agreements. In general, spousal support depends on the facts underlying each divorce and financial circumstances of the couple; therefore the final court decision is often very difficult.


Legal custody and visitation:

In addition to the distribution of goods, the other main function of divorce is to establish a legal child custody and visitation schedule. This is not predictable. Although courts often try to make decisions based on facts established that pose “in the best interests” of the child, these decisions can vary between cases. After all, in making decisions regarding custody, judges are naturally influenced by their own beliefs, opinions and values. Judges usually hear the worst of people during trial custody. So, based on his limited perspective on the lives of parents, a family court does not always take the most “beneficial” decision regarding custody. Again, negotiation and agreements are important options that should be borne in mind. Whoever must go through a divorce, especially those with children, will benefit if you come to a mutual agreement for custody.