The process of going through a divorce can be traumatic for everyone involved. If you are faced with divorcing your spouse, you should take your situation seriously and make sure you understand any family law guidelines that apply.
Custody of the Children
One of the most painful aspects of a divorce is the division of the family and children. Whether there is a long drawn out custody battle for the children or if it is amicably agreed on in the beginning, there are still legal issues surrounding who will keep them. Once the decision has been made between the both of you or a judge, you'll have to also determine visitation and a regular schedule.
If you feel that the arrangement is not suitable or doesn't provide you with the time you want to spend with your children, you have the right to have your attorney address this issue in court. Be sure to abide by the schedule and show that you are serious about maintaining your relationship with your children.
Also, keep in mind that your children's best interests should come first and always make sure to express to them that a court directed schedule doesn't change your love for them.
Finances
Money is yet another sensitive area when it comes to divorce. There's the question of which person gets the house and how to divide the other assets that you have accumulated during the marriage. Sometimes the decisions are easy; however, most of the time, determining how to split the finances is difficult and frustrating even with the help of the judge.
Some women get alimony payments after divorce where they receive an allotted sum of money each month from their former spouse in order to maintain their lifestyle. The custodial parent often receives court-ordered child support payments each month to aid in the rearing of their children by providing for some of the expenses.
Alimony is paid from pre-tax dollars and the paying spouse can use this amount as a tax deduction each year. Child support payments come from after-tax money and usually end when the child becomes of age. Be sure to check the laws in your state regarding alimony and child support to understand how either can affect your financial situation.
Taxes and Property
As a couple, you may have filed joint taxes each year or you may have filed individually. Now that you're going through a divorce, you have to consider the changes in your status as well as other tax-related issues that didn't apply to you before.
As mentioned earlier, money given through alimony or palimony is tax deductible for the payer while the person receiving it has to pay taxes on this income. Which parent is going to claim the children on their taxes after the divorce? All of these issues should be addressed during the divorce process.
The home you shared may be given to one spouse – especially if this is the parent that will have full custody of the children. In some cases, the home is sold and the proceeds have to be divided between you and your former spouse. Other property will have to be divided as well including bank accounts, pensions, household contents, and any other dwellings you may have owned together.
Have your lawyer help you with identifying property and assets that you feel you're entitled to and how to best handle the matter in court according to the laws of your particular state.
Make sure you understand family law and that your representation has your best interests in mind.
