We know that divorce is a bumpy road, but the more you know about it, the smoother the process could be. The Divorce and Family Law Offices of Rappleye & Rappleye can help you every step of the way.
When it comes to divorce, the four primary issues you will encounter are: property division, spousal support, child support, and custody.
If you don’t have any kids, the latter two issues don’t apply to you and that’s less on your plate. Although there is technical and legal jargon that comes with the process, there’s no need to get overwhelmed. You’re most likely already boiling over with white-hot emotion from turning your family’s life upside down. Once we break them down, these issues become simple, everyday aspects, that the average person can understand.
Property Division It’s no doubt that with years of marriage comes an unimaginable amount of collections. In 9 states, every item that you and your ex-spouse acquired together during your marriage, is considered a joint marital asset, once it’s over. This includes anything as simple as a mirror on the wall to the car. All assets are divided equally among the spouses. Most couples are able to settle their assets amicably, but if further assistance is needed there are two methods: Bartering: when one spouse takes items in exchange for others and Sell & divide: when all assets are sold and the monetary earnings are divided equally.
Spousal Support In marriage you are a team; you rely on each other emotionally and often financially. So during divorce, depending on the length of the marriage and the difference in income, money may be owed to the ex-spouse know as “alimony”. Alimony is awarded much more today than it was in the past. It begins with one spouse writing out their monthly budget, and if they cannot afford it alone, the ex-spouse may be forced to contribute. Typically alimony is not permanent, and the laws vary from state to state. but you will want to make sure you sign a Karon waiver. This waiver prevents the Courts from modifying spousal support if their circumstances change in the future.
Child Support The bottom line is: divorce is hard for everyone, especially the kids. While child support before was a broad statement that was only awarded spending on how good each parties’ lawyer was, today child support is standardized and almost always awarded. Several states use an “income shares” model that looks at income of both parents to determine appropriate child support.
Custody Custody is another issue you want to be prepared for. Underneath all the legal red tags, custody is truly all about the children. The two types of custody are: legal and physical. Legal custody includes religious upbringing, type of education, and major medical decisions. Most parties agree to sharing and are awarded joint legal custody. Physical custody is the day-to-day care of the child. These days it is less about the label of “joint” or “sole” custody, and more about co-parenting for the best interests of the child.
Some of the most common schedules for custody are: 5225: One parent takes Monday/ Tuesday, the other Wednesday/ Thursday and they alternate Fridays/ weekends. Week-on/ Week-off: Each party follows a week-on/ week-off schedule. Primary residence: One parent provides the primary residence, while the other parent gets every other weekend or one or two nights per week.
If safety is a concern, the shared custody schedules are not granted, and sole custody only is given. Having an experienced and knowledgeable divorce attorney to address all aspects of divorce is best.
For over sixty years the Law Offices of Rappleye & Rappleye has handled all types of divorce and family law issues. Extensive knowledge and expertise is at the cornerstone of our practice and we will safeguard your interests and your future by providing the right solution for your case. Divorce isn’t about an end, it’s about a new beginning. Call today for a consult!