When a couple decides to get divorced, there are four elements that must be addressed: property, debt, children, and spousal support. Each of these elements can be complex and confusing, so it is important to have an understanding of what will be required in your divorce case. At the Law Offices of Ronald Kossack in Tempe, AZ, we know how overwhelming court proceedings can be. That’s why, as a family court lawyer, we do our best to help you feel as informed and prepared as possible beforehand. In this blog post, we will discuss each of the four elements of divorce in detail and explain how they will impact your divorce proceedings. If you have any questions, feel free to contact our offices.
Property Division
When a couple gets divorced, all of their property must be divided between them. This includes both physical property, such as homes and cars, and intangible property, such as savings accounts and investment portfolios. It’s a good idea to make a list of all of your assets and a rough estimate of their value to better conceptualize the marital estate. With the help of an experienced divorce attorney, you can then go over the list and formulate potential options for a fair property settlement.
Spousal Maintenance
In some divorces, one spouse may be ordered to pay spousal support, also known as alimony, to the other spouse. This is usually based on factors such as each person’s income, earning potential, and whether or not there is a disparity in earnings. If you are ordered to pay spousal support, it is important to have a divorce lawyer who can help you fight for a fair agreement so that you are not forced to pay more than you can afford.
Custody and Child Support
If a couple has children, they will need to address custody and visitation in their divorce. This can be a difficult process, but it is important to remember that the best interests of the child should always be the top priority. Determining the amount of child support each party has to pay is another big part of getting a divorce. There are three types of child support:
Basic – Paid from one parent to the other to cover the necessities.
Medical – Where the cost is divided between insurance premiums and other out-of-pocket medical costs.
Childcare – This divides the cost of childcare between the two parties.
The amount of child support expected to be paid is based on the amount of time each parent will have with the child, based on the custody results, and the income of both parents.
Debt
In addition to dividing up their property, a divorcing couple must also divide their debt. This can include things like credit card debt, mortgage debt, and student loan debt. It is important to remember that each person is responsible for their own debt, even after the divorce. However, debt that was incurred together will need to be split among the two parties. Fairness and the ability to pay are the main factors considered when it comes to splitting debt, so it’s important to have a knowledgeable family court lawyer on your side to ensure your financial situation is being accurately represented.
If you are considering getting divorced, it is important to have an understanding of the four elements that will be involved in your case. With an experienced family court lawyer, like the team at the Law Offices of Ronald Kossack, on your side, you can help ensure that your divorce proceeds smoothly and that your rights are protected. Schedule an appointment with our divorce lawyers today to learn more about what you can expect in your divorce case.