Most divorcing couples are caught up in the euphoria or depression of the moment that they will overlook a few factors, which will impact their post-divorce lives. More often than not they assume divorce is just a paper which frees them from a spouse they would rather not have married in the first place.
There are however different documents involved in divorce. One of the crucial ones is a divorce settlement. This document will outline your agreement between you and your ex for various aspects after your separation.
A divorce lawyer from Albuquerque is essential to guarantee the elements included in your divorce settlement are favorable for your life after separation. Moreover, the lawyer will ensure your divorce settlement is legally enforceable should your spouse act in a contrary manner to the agreement.
The following are the elements which should be included in your divorce settlement.
Child Custody and Parenting Time
One of the most prized things in your marriage is your child. Even after a separation, it is essential to your child’s upbringing to have both parents in their life as much as possible. Your divorce settlement will include different elements related to your child’s upbringing including their custody and parenting time.
Mothers in the past had the upper hand in child custody cases, but nowadays there are different elements which will determine the parent who gets custody. The court’s decision will, however, be primarily based on what situation is best for your child.
There are different state guidelines on the payment of child support. Other factors like your lifestyle and child’s health and age will also determine the child support, and parenting time you will get. The methods of payment for your child support depends on your circumstances. In most cases, child support will be paid up until a child turns eighteen years.
Spousal support is an essential element after separation to guarantee that your spouse is comfortable. In most states, this is essential for stay-at-home parents though it can also apply for couples with different income levels.
There are various forms of alimony payouts with permanent, lump sum and temporary payouts being the most common. The alimony amount will depend on the paying spouse’s finances and the terms included in a premarital agreement if this exists.
Division of Marital Debts and Assets
There are different methods used for the distribution of marital debts and assets after divorce. The two primary techniques used are community property and equitable distribution.
In states which rely on community property distribution, the division of assets and debts is equal. In the equitable distribution, the parties will have a fair but not essentially equal property division.
People think that a divorce lawyer is only essential in divorce cases where different elements are in dispute. They assume they do not need one if they can reach an amicable agreement on the above aspects without a third party’s input.
A lawyer is however essential in all types of divorce proceedings to guarantee the above elements in your divorce settlement meet different legal requirements and are enforceable. Getting a reputable lawyer should hence be your first step when facing a divorce.