What to Ask Your Divorce Lawyer

by | Feb 9, 2012 | Law And Politics

The increase of polyamory and a decreasing role of Church and the extended family in society, has contributed to an increase in the number of divorces in the United States. According to statistics, adults are two and a half times more likely to split now, than they were in 1985. And the trend towards divorce is four times as likely now as 50 years ago. Of the new marriages in the US, 40%-60% will likely end in divorce. The dissolution of a marriage is not only stressful, traumatic and emotionally disturbing, expensive legal proceedings and financial losses are the likely outcome if you do not seek the aid of an experienced divorce lawyer to protect your interests and welfare.

To deter couples from seeking to dissolve their unions under flimsy circumstances, some US states have enacted a law requiring a “covenant marriage” that is a way to make the dissolution more difficult. Before proceedings can take place, the authorities require that the couple acquire counseling, conciliation services or voluntary mediation to settle their conflict and disputes. It these measures fail, the couple can proceed with the dissolution.

Divorce is a complicated affair that must take into consideration multiple factors. The main factors that are considered during the proceedings are:

* Distribution of property and assets: if the couple had no prenuptial or post nuptial agreement the property is distributed in accordance with states laws pertaining to this matter. The property can be defined as community, separate, marital or non-marital property. The distribution of these properties will be specific to state laws.

* Alimony/ Maintenance/ spousal support: spouses in longer term marriages are often awarded alimony or spousal support to compensate for the time they spent in rearing the family and having fewer employment opportunities etc.

* Custody of the couple’s children: one of the more complicated aspects of the dissolution of the marriage. Joint custody is favored in most states with mother getting physical custody of the children. However, older children have more influence on the courts in exerting their decision when choosing their own custodial parents. Other factors are also considered before ultimately awarding custody.

* Child support, visitation rights: almost all the states have outlined detailed guidance on child support situations. The changing socio-economic scenario has seen a growing number of fathers playing a more significant role as a parent. With male parents having increased roles in child rearing, traditional custody arrangements can no longer be taken for granted.

For more information on how to find a legal recourse, consult a divorce lawyer. Lafayette IN residents can find a suitable divorce lawyer in the area with experience and knowledge to provide aggressive representation.

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