Understanding The Repercussions Of Divorce And Child Custody
If you are going through a divorce, while it can be very painful and stressful for you
, you can count on multiplying those effects by ten for your child. Finding what is best for your child in these situations can be one of the hardest parts of the already painful process.Divorce and child custody cases are often difficult and emotionally taxing for all parties involved. It is important to have an attorney who is sensitive to your needs, and who can formulate a plan to protect your rights and assets.
Usually both parties suffer financially as a result of divorce. Typically, the parent who does not end up with primary custody of the children will have a faster economic recovery from divorce.
In general, there are two types of divorce lawyer you should watch out for. One will bring a child custody action, in an effort to coerce the other partner into giving up more property.
The other will bring frequent motions, and manufacture conflicts, for the sole purpose of justifying a larger bill. Also beware of firms that claim to specialize in "father's rights" or "women's rights" - most such firms are relying upon that "specialization" as an advertising gimmick, and the open agenda of those firms may cause a court to view them with suspicion.
Both men and women will be represented by the best, most trustworthy firms. Picking your lawyer carefully can truly make or break your case.
Keep in mind that the purpose of custody litigation is to determine the best home environment for the children. When parents engage in bitter, acrimonious, hostile litigation, they make the transition much more difficult for their children, and they also damage their ability to communicate once the litigation has ended.
Many states have enacted no fault divorce laws, pursuant to which residents can obtain a divorce without establishing that the other party did something wrong. Typically, the trial court is permitted to grant a divorce if it finds that the marriage relationship has broken down to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved.
Depending upon state law, issues of "fault" may still be relevant to child custody and the division of property. In order to file for divorce, the plaintiff must meet the residency requirements of the jurisdiction where the motion is filed.
Residency requirements vary significantly from state to state. When the other spouse resides in another state, a local court will typically be able to grant a valid divorce, but may be limited in its ability to divide property or determine custody and child support.
It is possible for a spouse who lives in another state to consent to having all divorce-related issues decided by your local court. If you are concerned that your spouse may be filing for divorce in another state or jurisdiction, you should consult with an attorney about whether it would be appropriate for you to try to file a divorce in your own state.
In many circumstances, the process will be decided in the state where a complaint for the motion is first filed, which can result in significant difficulty and expense to a spouse who resides in another state. Under normal circumstances, most states impose a "cooling off" period before they will grant a separation.
While it is usually possible for a trial court to find circumstances which justify waiving this period, in most cases the full waiting period will be observed. Some states will consider "fault" issues when dividing the marital assets, or when assessing spousal support (alimony).
Under most "fault" circumstances, a typical trial court will not dramatically change the division of assets. With most marital estates, you will need to consider whether a five or ten percent difference in the property division justifies the expense and conflict associated with attempting to prove fault.
There is often a better financial return in making sure that all assets are located, properly valued, and included in the marital estate, as opposed to trying to prove fault. While the five or ten percent difference is most typical, in extreme cases courts have been known to award larger amounts, and on at least one occasion even the entire marital estate, to the wronged spouse.
Child custody litigation can also raise some of the issues associated with "fault" divorce, as parents try to prove themselves more fit, or the other parent less fit, to raise the children. When it comes down to it, think of what will make your child feel the most safe, happy, and content, and go with that.
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