When divorce becomes a real possibility, it is in your best interest to consult with an experienced family law attorney. Jason White & Associates has successfully taken on countless of cases in the Provo, UT area, and we are prepared to represent you too. A divorce attorney that can fight your case and deliver the best possible results is invaluable. Make sure you have an expert in your corner to guide you through complex divorce proceedings.
Divorce takes a toll emotionally and should be handled with care. We take the time to listen to your concerns and what is most important to you, so the case may unfold strategically for your benefit. This life-changing event can bring on a number of challenging issues that may require mediation. Resolve these points of contention with a divorce attorney that understands the law.
Divorce and Child Custody
An experienced divorce attorney can help you understand the ins and outs of the family law process. The first step may be to understand that a divorce is different than an annulment. A divorce is legally dissolving a legitimate marriage for any number of reasons including desertion, adultery or physical abuse. Whereas an annulment declares a marriage void because it was illegitimate, whether because it was due to fraud, forced consent or bigamy. In some cases, there could even be grounds for a fault or no-fault marriage, although this is becoming less and less common.
Certain difficulties may arise as a result of a divorce, depending on your situation. If you have children with your partner, it would need to be decided who will have legal custody over your children and how you will share time with them. The court takes into account many deciding factors such as mental health, financial security and the child’s overall well-being at the parent’s home. However, if the child is over the age of 12 they would have a say in which home they would like to live.
Ultimately, legal custody is based on what is in the child’s best interests. There are different types of custody arrangements to consider, any one of which may work best for your new family dynamic. Legal custody would grant the parent the privilege to make choices about the child’s upbringing including religion, medical care and education. In some cases, one parent will have sole legal custody and other times it’s a joint custody. Within that framework, living arrangements are also made, which could mean a child has one primary home but may alternate between parents.
A divorce attorney can help to advise you on the different options you have, and which ones would be most beneficial to you and your child.
Property, Alimony and Child Support
One of the challenges you may face over the course of a divorce proceeding is how you will equitably divide your assets and liabilities. Assets could include any cash or properties, such as houses or cars that were acquired during the marriage. On the other hand, liabilities are considered any debts owed by way of personal loans, credit cards or mortgages. If you have come to an understanding of how these things will play out prior to entering into the marriage, then you can use that prenuptial agreement to settle it in court.
These are very sensitive topics to discuss because tensions are running high under these circumstances. In many instances where there isn’t a prenuptial document already in place, the parties involved will decide to seek mediation to better come to an amicable agreement. An impartial third-party mediator is present during disputes to find a resolution out of court and avoid having to going through a trial. This is a great option that may save you time and money, but a divorce attorney should still assist in making sure it is legally binding.
Another contentious point to think about is paying alimony. This is monthly spousal support that is provided by one party to the other and determined by the court. Alimony payments are usually granted if one spouse will be disproportionately affected by the economic difference after the divorce. The court will bear in mind whether they’re unemployed or a low-wage earner, the lifestyle sustained during the marriage and length of time the spouse could become more financially independent.
Child support is another form of monthly payment that could be deemed necessary by the court. This monthly allotment would be given to the parent who holds legal custody to help them raise the child. The amount of the child support will be calculated based on the essential needs of child, for example this could include their nutrition, education and clothing. It is a predetermined amount calculated by the debt-to-income ratio of the spouse responsible for providing the support.
Hire an Experienced Divorce Lawyer
It’s always a good idea to discuss your options with an attorney before making major life-changing and legally conclusive decisions. An assertive divorce attorney with strong legal capabilities can steer your case in the right direction. Contact the experienced divorce attorneys at Jason White & Associates by calling 801-477-1546 or fill out our online contact form. We’re located in Provo and serve the rest of Utah County. Set a free consultation for our divorce attorneys to evaluate your case.
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