Divorce Lawyers Help Clients Through the Process of Dividing Assets, Child Custody and Alimony

[Kate Felicity]

Divorce lawyers in Mornington help clients through the process of dividing assets, child custody and alimony. They also assist with negotiating settlement agreements and filing paperwork with the court.

A good lawyer should be flexible enough to make a deal, but firm enough to protect your rights and interests. During your consultation, ask questions to find out their strategy and how they plan on working with you.
Child Custody

When you are going through a divorce, one of the most difficult issues to resolve is child custody. Strong emotions and disagreement between spouses can often turn this issue into a contentious legal battle.

The court's governing legal principles in determining custody revolve around what is in the best interests of the children. This involves a consideration of each parent's living situation, their ability to support the children, and the parents' relationship with the children's siblings.

For many decades, courts have favored shared custody of children. They have based this on research that shows children tend to fare better under such arrangements.

However, courts will not award joint physical custody if there is significant hostility between the parents or if one parent is a danger to the children. The noncustodial parent will typically receive visitation rights in such cases.
Alimony

When divorced couples have different incomes, one spouse may be required to pay alimony. This is money that can help the lower-earning spouse maintain a standard of living after their relationship ends.

The amount of alimony payments may vary from state to state, and each situation is unique. The judge who decides alimony may use a formula to calculate the figure, but each case is ultimately up to the court.

Aside from this, the judge also may consider sixteen statutory factors when making a decision about alimony.

Changes in circumstances such as a job loss, retirement, or life-altering event like remarriage or cohabitation can also result in changes to alimony. If this occurs, the court must decide whether or not to modify or terminate alimony.
Property Division

Property division is the process of dividing all of a couple’s assets and debts in a divorce. Usually, judges assign each spouse a percentage of the couple’s total assets (sometimes called the marital estate) and apportion their debts.

Mornington divorce lawyers can help you figure out how to value your assets, such as the family home or a business, in a way that will make sense for your case. They can also help you determine how receiving each asset and assuming each debt will affect your tax situation.

The most important step in determining how to split your property is being honest and complete with financial disclosure. This means making a list of your assets and disclosing them to your spouse in a timely manner.
Settlement Agreements

A settlement agreement is a written document that settles issues such as child custody, alimony, and property division. This agreement is usually negotiated before a divorce trial and often gets court approval.

Divorce lawyers can help clients create settlement agreements for these important issues. They will also provide support for their client throughout the process.

The attorney will guide the client through the steps involved in preparing the agreement, including ensuring that it meets all legal requirements and has been properly filed with the court.

Once the divorce settlement agreement is signed, it becomes legally binding and cannot be appealed. However, it may be modified by a court if there is a significant change in circumstances or one of the parties changes their mind.

If a settlement agreement deals with children, it should also include a parenting plan, which will lay out how custody, visitation, and child support will be distributed. The plan will also allocate decision making power over important matters like education, religion, and healthcare to each parent.