Separating from a spouse can be difficult due to the stressful elements of divorce law. The law influences these numerous factors because a “contractual” agreement is created when choosing to marry another individual. You may find yourself worrying about your finances, property, the children, and many other things you once shared with your spouse. Hiring a divorce lawyer is the best course of action to avoid any fear, and we at Kossack & Berber can help you within the Arizona area! During this process, you want to stay informed, so we would like to share four essential elements that will come up during the duration of your case.
Child Custody
This element can often be the toughest to deal with, especially if both parents play an essential role in the child’s life. There are two main things the courts will focus on: physical and legal responsibilities. Physical refers to custody or visitation rights, while legal relates to the parent’s right to make important life decisions on the child’s behalf. Often, the Arizona courts will allow both parties to establish a parenting plan, including parents’ allotted time with the child and rules for decision making. Divorce mediation can be useful to help guide the conversation towards the best interest of both individuals. If the divorcees can not agree on the terms, the matter may go to a trial where both parents explain to a judge why they are the best fit for the child, and the courts decide the parenting plan’s outcome.
Child Support
A family court lawyer can help settle child support, which refers to one parent’s financial responsibility towards the children. In most divorce cases, courts may ask the non-custodial parents to support the other since the one who received custody rights will likely take on more expenses. The non-custodial parent may pay a certain amount of money to the other to maintain the child’s living expenses after the divorce, since the child should not have to suffer due to their parents’ separation.
Alimony
Alimony is the payment a former spouse makes to the other to maintain their living standards. This request is usually caused when there is a significant disparity in income between the two parties. Alimony is not always awarded during a divorce case, as it usually comes into play when one parent gives up money-earning opportunities to focus on raising the children. These payments may not be permanent and usually persists until the receiving individual changes their financial status or remarries.
Division of Property
Property division refers to the splitting of properties owned by both parties during the duration of the marriage. This law differs state by state, and here in Arizona, each former spouse gets to keep their separate property and half of what they owned together. Since this is a 50/50 state, both parties may likely end up with a fair amount of property if held together and can keep anything they owned solely to themselves. This aspect of the law could be controversial if one individual within the marriage happened to own more properties to themselves, as this can leave the former spouse feeling as if they are not adequately supported. If this is the case, that is where alimony (information above) comes into play because the person who has the most will likely maintain the support of the other party.
Divorces can be a stressful and challenging time in one’s life. The numerous factors that go into divorce cases can be difficult to understand, as the law controls much of what may occur. Let us at Kossack & Berber help. Schedule an appointment with a divorce lawyer today!