What is Discussed During Divorce Proceedings?
When couples file for divorce, the marriage doesn’t just end right then and there. Several matters must be resolved before parties can go their separate ways, especially if the couple has children.
One of the main issues that needs to be taken care of is the division of property and assets. Different states have varying laws on dividing marital property. Some states are equitable division states, which means that all property and assets obtained during the marriage are considered community property and will be divided equally, but not necessarily evenly. Other assets that are obtained by each spouse separately will be up for debate in court. Seeking the assistance of a divorce attorney will maximize your chances of obtaining your rightful share, especially when it comes to assets that were attained before the marriage.
During divorce proceedings, couples can also expect to discuss child custody and child support arrangements. While some states grant primary custody to the mother, other states do not show preference for one parent over the other. Child custody in those states will be granted to both parties evenly, unless one parent demonstrates they are unable to care for the child. Child support is often determined by the income of each spouse, the length of the marriage, and other aspects.
Other matters that are discussed during divorce proceedings include alimony, paternity, guardianship and even wills and estates. Having a divorce lawyer on your side will ensure the case ends favorably and that your rights are upheld.