Divorce means the dissolution of marriage. It is the legal termination of the matrimonial relationship. The process of divorce is handled by a family lawyer and involves massive issues that range from a division of property up to child custody. It is essential to hire a divorce lawyer, skilled and knowledgeable.
It is crucial to find a lawyer whom you feel comfortable with. Divorce is generally an extremely emotional process that requires delicate skills added to legal know-how.
The terms to know
Completing a divorce without getting a lawyer makes sense, as long as neither party has representation. There are no minor children who are involved here. Most divorces involved dependent children or complicated property issues, which normally favored divorce attorneys. If the estranged spouse has a lawyer, it is always wise to hire one.
Here are the terms that you will encounter in a divorce:
- Custody. It is having a right to the child. Custody is legal, you have the right to make essential decisions regarding the child’s welfare.
- Stipulation. An agreement by the divorcing spouses to resolve the issues between them. It is often entered into the final order of the court or decree and judgment.
- Prenuptial agreement. It is an agreement made between parties before marrying, in which they give up future rights to each other’s assets and property in case of a divorce or death.
Divorce issues involved
In a divorce, there is always an issue. If not, there will be no divorce term, under the family law. Divorce is legally processed when two parties terminate the financial and legal relationship. But, each divorce is distinctive and most involve disputes on things like division of property or child custody.
Here are the main issues that a divorce lawyer deals with:
- Alimony. It is spousal support, a monthly payment made by the spouse by a settlement agreement or court order. It corrects the unfair economic effects of a divorce case.
- Division of property. All property obtained by the spouse after the marriage date is considered subject to equitable division or “marital property”.
- Child custody. If the family splits up, the court and the parties must decide what’s best for the minor child, including where they live. This part is often the most difficult part during the court proceedings.
- Child support. It is a monthly payment made by the noncustodial parent to the custodial parent for the needs of the child.
Look for ip law firm to understand more your rights as a parent when you file for a divorce from your spouse.