Franklin Square Divorce Lawyers
Sadly, there are times when a marriage ends in divorce. In addition to the emotional tax, there is a legal component that must take place before a divorce is finalized. There are times when a couple may attempt to take care of all the legalities of a divorce, however, it is best to hire an attorney as they would be much more well-versed in the laws related to ending a marriage.
Types of Divorce
There are two main types of divorce: no-fault and fault. In no-fault divorce, the couple has been separated and is not able to reconcile due to many differences and insupportability. In a fault divorce, there has been some form of adultery, cruelty and/or abuse, abandonment, or insanity, resulting in a couple splitting apart.
Role of a Divorce Attorney
Once a couple decides to permanently separate, the next best step is to consult an attorney. This legal professional will draft all necessary documents and forms, in an unbiased manner, that adheres to all laws of the state. Once initiated, a divorce lawyer will follow through the process from beginning to end. The following is a list of factors that an attorney will collect information about in order to draft the petition for divorce:
• Premarital Agreements: If there were any agreements made prior to the marriage, such as a prenuptial agreement, there will be a provision included in the petition to uphold any such agreements.
• Property Distribution: When property is to be divided amongst a couple, it is done is a way that is equitable, which may or may not be equal. This means that factors such as the income of each party, inheritance status, and plans for use of the property are considered. Once this information is gathered, the attorney will add this information in the petition so that the court can determine who should get what pieces of property.
• Alimony: When the decision of spousal support is a factor, the attorney will consider a variety of factors when adding this portion of the divorce in the petition. The income and property of each spouse is evaluated, the length of the marriage, number of children involved, if any, and earning capacity of each party are a few of the factors that are focused on.
• Custody/Child Support: This tends to be the most delicate area of deliberation when a couple decides to divorce. The terms on which the living arrangements of the child will mostly be based on are: physical and mental stability of each spouse, best interest of the child, living arrangements of each spouse, and ability to financially and emotionally provide for the child. In most situations, joint custody will be awarded so that each parent has time with the child. In addition, the responsibility of child support will be based on which spouse has the child more often and which spouse can financially provide for the child.
Every divorce is different and each will have to be considered based on its own factors to ultimately determine the terms it will contain. A divorce attorney is imperative because there are so many factors to be included and the average person is likely not familiar with all parts that need to be considered in a divorce petition. It is also important to note that once a petition has been submitted to the court, there is typically a period from that time until the divorce is granted for the couple to possibly reconcile, though not likely. Though the process is very complex, locating a divorce attorney in your area is the best step to take to initiate and complete the process.