Divorce Procedures
Divorce Procedures

Divorce Procedures

Divorce is a difficult time in anyone’s life. It involves many legal issues that must be considered when deciding on whether or not to proceed with the divorce. A marriage is not the only thing be dissolved, there are also many assets that may have been acquired during the marriage that must be equitably divided between both parties in a fair manner. If children are involved then custody issues must be decided. These are issues that can decide whether a divorce is handled amicably or whether it goes through the courts and has to be decided by a judge or a jury, which can dramatically increase the cost of the divorce.

Most states have laws pertaining to divorce that state that community property ( assets acquired during the marriage) should be divided equally among both parties. This most commonly refers to bank accounts, IRAs/ 401Ks, the homestead, and vehicles that were purchased during the marriage. It also covers any other assets accumulated during the marriage.

Child custody issues can be resolved amicably if both parties can agree on who is the primary caretaker and who will have visitation. This can be based on many factors including ability to take care of the children, incomes, and having an appropriate residence for minors. Other factors can include mental state and whether either party has issues with narcotics or a criminal record.

In an ideal world everyone can agree what is in the best interest in the children and how to split up the assets but reality is peoples’ emotions tend to get in the way and blind their views on what makes sense.

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