Bizarre Little Known Laws

« Back to Home

Answering Common Questions About Divorcing

Posted on

The decision to start divorce proceedings can be a very difficult choice for a person to make. However, this can be essential for allowing yourself to move away from a failing or otherwise troubled marriage. While divorces can be common, there are many people that lack experience with this complex legal procedure. As a result, these individuals might need to have a few divorce questions addressed in order to make deciding on the best course of action easier.

How Are The Marriage Assets Divided During A Divorce Proceeding?

Over the course of a marriage, it is likely that a number of assets were accumulated. When these assets include homes, businesses, or other high-value possessions, it can be easy for individuals to be concerned about how these valuable possessions will be distributed during a divorce. While many judges will attempt to divide the assets as evenly as possible, you should be aware that you will likely be given the opportunity to negotiate with your spouse over the items you will each keep.

This is done through the process of mediation where a professional mediator will help to facilitate discussions about the disputed items of the divorce, such as property division and spousal support. If you and your spouse are able to successfully negotiate all the points of contention, the judge will simply review the agreement to ensure it complies with local regulations before approving it. However, when you are unable to settle on agreements for all the issues of the divorce, the judge will likely have to issue a ruling that will settle the matter.

Can A Father Ever Be Awarded Custody Of A Child?

There is frequently a misconception among some individuals that a father will never be successful in obtaining primary custody of the child. However, you may be relieved to learn that the gender of the parent is not a factor that is considered when awarding custody. Rather, the courts will look to establish which parent is best suited to provide for the child. Additionally, the courts will consider the previous the roles that the parents had with the child. For example, if one parent was rarely home due to traveling while the other parent stayed behind to raise the child, the court may favor awarding custody to the latter parent. Due to the numerous factors that are considered when awarding custody, you should speak with Ivy Law Group PLLC or another local attorney to determine how local custody laws apply to your particular situation and what can be done to strengthen your custody claim.