Apr 29, 2013

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Don’t Go Through Your Divorce Alone; Hire an Attorney

If you are going through a divorce or separation in San Pedro it is essential you hire an attorney. Do it at the first sign of trouble. Reputable lawyers such as Michael D. Shookrecommend filing as soon as you possibly can for the most legal leverage. If you wait until after the other party files for divorce, then they get all the leverage. Divorce is a complicated process and you will need a lawyer for legal advice, document filing and persuading the judge to rule in your favor. Emotions are high, tempers are short and time drags on. Don’t let the divorce get the best of you; get the best out of the divorce with a good attorney.

Distribution of Assets

During your marriage you may have accumulated property, banks accounts, a house or a car. These assets will need to be distributed evenly and legally between both parties. This can be more difficult if both parties do not agree on who should get what assets. If neither party wants a certain asset, paperwork has to be drawn up that they will both get a share of the proceeds from the sale and who is responsible for selling it. If there are previous documents such as a prenuptial agreement, this also has to be taken into consideration.

Custody and Visitation

If you have children and are going through a divorce separation in San Pedro, this complicates the entire process. Sometimes the divorce can get pretty ugly because both parents want to be the primary custodian of the children. If this is the case a judge will have to rule who the most fit parent is to raise the children full time. There are two main types of custody agreements; full custody and joint custody. Full custody means the primary custodian or guardian will have the children most of the time and the other parent gets minimal visitation rights. Joint custody means the time between both parents is split as equally as possible. In a shared custody arrangement, children may live with one of their parents, but get to visit their other parent on Wednesdays, every other weekend and half of all holidays. Sometimes a mediator is brought in to help with the arrangement of visitation rights if both parties are not in agreement.

Child and Spousal Support

Often times when a couple divorces one parent will have to pay child support to the other for the benefit of the children. This ensures that both parents remain financially responsible for the children and they do not suffer due to the split financially. This is also protects parents who are raising their children by themselves from financial demise. In some cases one spouse is financially responsible for the other during marriage. When they separate, the previously supported spouse may not have the means to continue the lifestyle they have become accustomed to. In this case that person may receive spousal support until they can create that lifestyle on their own, a certain amount of time passes or they become remarried. For example; a woman marries a man and he provides everything for her and she doesn’t work. They are married for 15 years until he decides to file for divorce. She signed a prenuptial agreement so does not have access to the bank account or any property that is in his name. To ensure that she does not have to struggle in the world while she gets on her feet the judge may order the husband to pay spousal support.

 

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