Getting Through a Divorce: Legal Considerations

When getting through a divorce, there are a number of legal considerations you need to be aware of. Protecting your legal rights is important to ensure you get a fair divorce settlement and that you get a custody arrangement that you and your family can live with.

Legal Considerations

The first legal consideration when getting through a divorce is what type of divorce you are getting and what the grounds for divorce are in your state. In some states, for example, you can get a no-fault divorce if you have been living apart for a certain length of time. This is appropriate when neither party has engaged in adultery or immoral behavior that directly led to the divorce. You may also want to choose different grounds for divorce, depending on state law and the reason why you are divorcing.

Property and Assets

Beyond the reason for the separation, which the court will need before granting the divorce, there are also many legal considerations when getting through a divorce as far as separating property and assets. Married couples typically have a great deal of joint property, from homes to cars and even small things such as dishes and furniture. You will need to separate all of these possessions when you get a divorce. In most cases, if you and your spouse can work out an amicable separation of assets, that will make the process of divorcing easier and the court will just be able to sign off on your property decree.

Court Decided Property Division

If you and your spouse don't agree, the court will determine who gets what. In certain states, called community property states, everything is split 50-50 if it was acquired during the marriage. This can include any money that was mixed into "community property" but it excludes items brought into the marriage, personal injury judgments, and inheritance even if acquired during the marriage- as long as they were kept separate from marital assets. In other states, an equitable distribution is appropriate.

Child Support and Custody

Child support and child custody are two other important considerations. Most states consider the best interests of the child when determining custody and the courts will aim to provide mutual access to the children and keep both parents in the child's life as much as possible, except in cases of abuse or neglect. Child support, on the other hand, is determined by each parent's income. Parents can also work out a child custody and support agreement themselves, but again, the court will have to sign off on it before the divorce goes through.

When to Consult an Attorney

In most cases, getting through a divorce on your own is almost impossible without legal help. You will need a lawyer to provide you with guidance on filing the appropriate paperwork, and you should also hire a lawyer to protect your interests and assets when getting through a divorce.

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