Divorce is never easy, even when both spouses want to call it quits. Being prepared for all eventualities goes a long way in alleviating some of the stress inherent to the process. Naturally, you should always consult an attorney to learn the divorce laws for your state and determine what course is best for you. But there are some common items to expect when going through a divorce.
Child Support and child custody is usually the first point dealt with in a divorce. In many cases, child custody is determined in a separate trial (especially if the divorce process ends up being lengthy). Most institutions that deal with children require a parent to prove custody before services are rendered (i.e. schools, hospitals, etc.). Leaving a child without custody determined can have detrimental results for the child. Child support is almost always determined on the divorce decree.
Probably the most anxiety provoking issue in a divorce is alimony/palimony. In many marriages, one spouse earns a higher income than the other. In some cases, one spouse does not work outside the home at all. In most cases, this lower wage earner (or stay-at-home-spouse) ends up having a lowered hiring potential due to less education or lack of job skills/work history. Alimony/palimony is designed to prevent financial ruin for the lower wage spouse.
Each state has different statutes concerning alimony/palimony, but they all originate from the Uniform Marriage and Divorce Act. Most guidelines for determining alimony/palimony are:
• The standard of living during the marriage. If one spouse’s standard of living will become depressed due to the divorce, alimony/palimony might be ordered to prevent this disparity.
• The length of the marriage. A divorce after 5 years or less of marriage usually does not involve alimony/palimony discussions.
• The age of each spouse. Older spouses will have fewer opportunities to make radical changes to their incomes.
• The physical and emotional condition of each spouse. Handicapped and disabled individuals are limited in their options.
• The length of time required for either spouse to obtain sufficient education or training to secure employment. Alimony/palimony isn’t always permanent. Sometimes, alimony/palimony is only ordered for the purpose of helping the disproportionate spouse to become self sufficient, at which time the payments come to an end.
• The ability of the “payer” spouse to meet alimony/palimony obligations and still support him/herself.
• The financial resources of each spouse (income and debts). A high income balanced against a high debt ratio is taken into consideration.
• The contribution and services rendered by each spouse during the marriage. Many times one spouse abstains from working to stay at home and raise the children. By abstaining from work, this spouse has hurt his/her career options due to lack of a work history. This sort of self sacrifice is taken into consideration.
The last common topic in a divorce is the division of property. If one or both spouses have a Prenuptial Agreement, then this process becomes much easier. A Prenuptial Agreement is a legal contract where both spouses agree, before getting married, that certain properties held by one spouse will be retained by said spouse in the event of a divorce. This leaves only the disposition of the marital property to be considered. In some cases, the two spouses cannot agree on how to split the assets, in which case a judge will make those determinations.
Regardless how well informed you may be about the divorce laws in your area, it is always recommended that you consult an attorney to make sure your rights are protected. Our court system is scary enough without having to navigate a highly personal issue without a map.