4 Family Law Issues You Shouldn't Overlook When Filing For Divorce
Many divorces are emotional and have long-term implications for both spouses. Despite the emotions involved, you need to understand the legal aspects of this process to make the right decisions. Knowing the law will enable you to make difficult decisions in the most impartial manner. In this article, you'll learn four family law issues you shouldn't overlook when filing for a divorce.
Child Custody and Visitation Rights
Custody and visitation laws can be challenging to navigate. Depending on your state's laws, either parent may be awarded full or joint custody over the children, with various options available between these two extremes. The court also considers various factors, such as the child's age, mental and physical health, safety needs, and other relevant factors, when determining the best outcome for the child. If you don't fully understand the implications of the various custody and visitation arrangements, consult a knowledgeable family law attorney. They'll thoroughly explain all the legal options available and ensure your parental rights are fully protected.
Property Division
When couples choose to divorce, the property they accumulate during the marriage must be divided according to state law. This means that all marital property, including real estate, vehicles, bank accounts, retirement accounts, and other assets, must be divided between the two spouses. The court may also consider each spouse's financial situation when dividing joint property. Because each state has its laws regarding property division, it is important for divorcing couples to understand those laws to ensure their property is divided fairly. A family lawyer can help you identify what's considered marital property and devise a plan for distributing assets fairly.
Spousal Support
In some cases, one spouse may be entitled to receive spousal support from their former partner as part of the divorce proceedings. This is based on factors such as earning capacity, length of the marriage, whether either party was responsible for taking care of children or other dependents, and each person's financial situation. A family lawyer can help you determine if you're eligible for spousal support and, if so, what the right amount should be.
Tax Consequences
The filing status of spouses may change in the event of a divorce. This can come with significant tax consequences. For instance, alimony payments received by one spouse may be taxable income to the other spouse. If you don't want to be surprised by the tax implications of your divorce, it's best to look into them before filing. A family lawyer can advise you on the tax consequences of filing for divorce, preparing you in advance.
Divorce is an emotional process that shouldn't be handled carelessly. It is important to understand how child custody and visitation rights, property distribution, spousal support, and tax consequences can be affected by this process. Being aware of these family law issues will enable you to make informed decisions about your case. For more information, reach out to a family law attorney near you.