While a married couple can live separated from one another for as long as they’d like, it will not dissolve the legal status of the couple. Therefore, it’s crucial that you finalize your divorce as soon as possible to ensure that it’s final and irrevocable. In this article, we’ll talk about the separation terms in a divorce and everything you can expect throughout the process.
What you need to know before filing for divorce
Until you have successfully filed for divorce, you cannot remarry or enter another relationship without the consent of your current partner. Adultery can be used as a cause for divorce, but it can also affect your chances of getting your fair share when it comes to the distribution of your assets. Therefore, it’s always a better idea to complete the divorce process if you really feel the marriage has already failed before you move on.
Another thing that you have to consider when getting a divorce is state law. The laws governing divorce differ from state to state. It’s imperative that you understand the ins and outs of divorce law in order to have the best chance of getting the most favorable alimony, child custody, and child support.
How does property settlement work?
The property settlement agreement can be made as soon as the divorce proceedings begin. You can allow your attorney to go through the documents and evidence so that they can finalize your terms which they will present to the other party during the mediation process. While this is not a necessary step, it’s highly suggested that you go through it as it can save a considerable amount of effort, money and time. You can expect to go through several mediation sessions before an agreement is reached.
What happens if you can’t negotiate a property settlement?
It’s not always possible for a divorcing couple to see eye to eye, which means that mediation may not always work. If that’s the case, then your case will have to go to court, where a judge and jury will make the final decision. Most of the time, if there is no immediate cause for divorce, the distribution of your assets will be based on who the majority owner is, your financial situation, and your ability to care for your children, assuming you have any. Your lawyer will do their best to promote these elements to show the court that you deserve to have everything that is rightfully yours according to divorce laws.
Prioritize your children’s well-being
If you have children, their well-being and quality of life are always the highest priority of the court, as they will often make their decisions on child support and custody based on the needs of the child. For example, if one spouse has a history of addiction, abuse, or neglect, their chances of winning the custody battle are slim to none. Therefore, it’s essential that you show the court that you are a capable parent who can care for your children.
Your lawyer can help to build a case, which can be based on your shorter work hour, which allows you to spend more time with your children. Additionally, they may also use environmental reasons, such as the air quality in the area, that create a better atmosphere for a child to grow up in. Not only will this help convince a jury why you should have full custody, but it will help to appeal to their emotions as well.
If you’re looking for a divorce attorney to help with your case, Judith Goldberg’s Law Office is your best option. Get in touch with us today to see how we can help.