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Situations An Attorney Can Help With During A Divorce


Admin - May 16, 2017 - 0 comments


Going through a divorce is one of the most tumultuous and emotional experiences that anyone will have to go through during their lifetime. Even if the divorce is relatively amicable, it can still cause a good deal of stress. While there are certain situations such as divorces with no arguments about assets with no children that can be handled without the help of a divorce lawyer rock island il, most situations will require the use of an attorney to ensure that fair judgment is reached. 

Custody Of The Children 

If there are children involved, custody of the kids is most likely going to be one of the fought about subjects when it comes to your divorce. While studies have shown that joint custody is the best option for most situations, this isn’t always the case. Some examples of when this does not work are when there is an abusive situation, neglect, or a drug problem present in one of the parents. If this is the case, an attorney can help to prove your case concerning why your children should mainly be with you and not your soon to be former spouse. No matter what kind of animosity exists between the parents, the best interests of the children should always be the most important thing when it comes to a divorce. It comes before who gets the car, house, or anything else. If both parents are fit, there is no reason to deny parenting time to the other and it’s important to remember that children are now a pawn to be used during a divorce. 

Assets 

Aside from children, the division of assets is something that has always and will always cause arguments during a divorce. In general, the home will go to the parent who has majority custody of the children as long as they can afford it. In the case that parenting time is completely even, deciding who gets to keep the familial home can get more complicated. Some couples decide to sell the home and split any profits made to avoid this argument in its entirety. 

When both parties had fairly equal income and contributed to household duties in approximately the same amount, things are usually split down the middle. When one spouse stayed at home while the other worked, it’s important to realize that the homemaker still made a significant contribution to the family and should still receive a fair amount of assets. An attorney can help to determine fair amounts in these situations. 

Spousal Support 

When one partner made a significantly higher amount of money than the other, they are sometimes entitled to a significant amount of spousal support after the divorce for living expenses. It’s important to get an attorney, in this case, to ensure that the arrangement is fair. In some cases, the support is only temporary and there are stipulations such as furthering education in order to be able to support themselves that can be agreed upon in court.

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