Jan
11

What Divorce Can and Cannot do for You

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The divorce process is a unique experience for each individual. This article covers what divorce may mean for you.
- Zinda & Davis, PLLC, January 11th, 2013

Published January 11th, 2013


What Divorce Can and Cannot do for You

When people contemplate getting a divorce they believe they have a general idea of what to expect, and what they may get out of it. Their ideas of what a divorce is, how it works, and what to anticipate tends to be from sources such as television and movies, or from friends and family who have gotten a divorce.  More and more, people have also gone through the divorce of their parents. Even in spite of this second-hand experience one may have of divorce, it does not prepare them for their own.  One going through with a divorce faces a court-sanctioned conclusion of one of the more important relationships they may have ever had.  They also face unpleasant things such as new living situations and splitting up common property. If the couple getting a divorce has children they also have to face the possibility of no longer seeing them on an everyday basis.

Divorce is not at all predictable. It is important to hire a divorce attorney to help you through such a hard and trying event in one’s life.  It is also important to remember to have a rational outlook in order to have the feeling of contentment with the end result of a divorce. Therefore it is important to know and understand the reality what getting a divorce can do for you, but also what it cannot do for you.

What divorce can do for you:

Division of Property:
 One of the biggest issues to be hammered out during a divorce is the division of property in the feasible way.  In community property states, such as Texas, there is a 50/50 split of the property acquired by the parties during the marriage. 

However, the split of property is not a predictable process. If there is a strong desire for you to receive a specific piece of property, it could be beneficial to have your lawyer negotiate with your spouse’s lawyer in order to settle the property division in advance. 

Support Obligation:
Courts will also resolve support requirements between spouses.  Child and spousal support are the most common forms of these support obligations. Spousal support is dependent on the specifics of the divorce and the couple's financial situation.  Therefore, guessing a court's support decision is usually hard to do.  Child support payments are usually set by state law; however, divergence from state standards is not unusual. Child support is also dependent upon child custody arrangements.

Child Custody:
 One of the major functions of the divorce court is to determine child custody.  This function of the court is also unpredictable. Child custody decisions often differ from case to case and court to court. The decision is made to support the best interest of the child. The decisions are made based on a set of specific factors that the court would find influential to a decision of such magnitude. Judges tend to be influenced by their own beliefs, values and opinions when it comes to custody decisions. They typically see and hear the worst of people during intense proceedings involving custody. Therefore, bringing a custody battle to court may not always be the greatest solution to make because of the limited view a judge may have into the parental lives of the people involved. Negotiation and settlement are possibly better options to keep in mind in this case. All the parties involved in the divorce, the children in particular, will benefit from a cooperative child custody arrangement.

Zinda & Davis has been working with Round Rock, Texas families for many years offering legal representation to clients all over the state of Texas. The team at Zinda & Davis makes it a priority to listen to your needs and help you decide on the best course of action. Call us today for more information.

 

This article originally appeared on this site:  RoundRockTxDivorceLawyer.com

Tags: dissolution of marriage | divorce attorney | effect of divorce | | |


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