Monthly Archives: July 2016

Major Decisions Made In Divorce Court

Entering divorce court can be extremely stressful as the decisions made by the court can change the course of your future. Getting a divorce is not simply a matter of separating from your spouse. There are several other issues that need to be determined, from the alimony to dividing assets and debts. If there are children involved, it gets even more complex as there are issues of parenting, custody and maintenance issues also that need to be taken into consideration.

These are some of the distinct issues that need to be resolved in any divorce court proceedings.

Alimony

In the majority of divorce cases, the issue of alimony is very fiercely contested because it is not just a one-time thing. Once the alimony amount is set, the spouse is obliged to pay it for several years or for a lifetime, which can be a scary prospect.

Dividing Assets and Debts

When it comes to dividing assets and debts, the core principle is that all pre-marriage assets of the individual parties are not divided. However all assets that were generated during the marriage are divided between the two parties. It is not all that cut and dried as there are often several other variables that need to be considered before a final ruling is made.

Dividing assets and debts will mean deciding things like who gets the house, the car and the family pet and also who pays the bills.

Parenting

Custody of the children, maintenance, visitations and all other aspects of parenting come under this category. Both parents are expected to create a very detailed and thorough parenting plan that is in the best interests of the children. This should include every single aspect of parenting in black and white so that nothing is left to be misinterpreted. The children’s schooling, holidays, religion, visitation terms, medical responsibilities and even where they eat, where they sleep and whether or not they can be relocated in case one parent takes up a job in another city or another country. If both spouses cannot agree to the terms, the court will impose the terms on the parents.

There are of course several other issues that will need to be hammered out. It is neither a simple nor a predictable process. Even if you have sufficient knowledge of divorce laws, this can be a hugely emotional time and it can be difficult to stay objective. Hiring an experienced divorce attorney who will stay objective throughout is important so that you and your children can get a fair ruling in all aspects.