Divorce Law

If you're going through a divorce or considering one, there are some things you should know about divorce law and what you're entitled to. Here are some basic explanations for divorce, as well information on the legal process and how to find an attorney in your area.

What types of divorces are there?

First, you should determine whether you and your spouse want a limited divorce or an absolute divorce. For a limited divorce, the two of you will live in separate locations for a time, but still remain married. This is actually recommended by most attorneys, since it gives the couple some time to figure out if an absolute divorce is the best option. An absolute divorce is permanent, complete legal separation.

Once a couple decides to proceed with an absolute divorce, a divorce lawyer is needed. This way, the couple can, with the help of an attorney, determine who will receive custody of the children, who will pay alimony, and how child support will be rewarded. Child support is usually determined by how much time children spend with each parent, as well as the income of both parents. If the children are living with the parent who makes less money, the other parent will most likely have to pay more child support. Basic needs of the children, such as education and healthcare, are also taken into account when a child support amount is being determined.

Another common issue divorcing couples face is the division of property. Equitable distribution and equal division are the two ways that property is awarded after a couple has divorced. Equitable distribution awards the property in the fairest way, with two thirds of the property being awarded to the spouse with the higher income. Community property divides the property and possessions on the property between the two parties equally. Along with property division, many couples have to think about alimony payments as well. A divorce or family law attorney can help couples to determine if alimony should be paid to the receiving spouse on a regular basis or for a limited time. Lump sum alimony payments are also an option in some states.

In order to find a divorce lawyer in your state who can handle your case, it's best to respond to advertisements you may hear or see on local television and radio stations, and you can even refer to the Internet to find out about certain qualifications of attorneys you think may be able to represent you.

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