Divorce is a complicated situation. Whether the couple arrives at the decision after months or years, they always have to grapple with changes. On top of their emotional struggle are the legal and financial issues pertaining to the division of the marital property. This is why it is a lot helpful for a couple to hire a divorce lawyer once they decided to separate. The following are the topics that the couple must discuss with the divorce lawyer in Houston TX to maximize his or her time and services:
This refers to the property the couple acquired within the marriage. This may include and not limited to the following: furniture, cars, marital home, jewelry, and household furnishings. Who owns the property will depend on whether you reside in a community property state or a common law property state. Division of marital property is not always clear cut. In a marital home, if one spouse had contributed to its purchase, the spouse may have a claim for it or at least a reimbursement of his or her contribution. This is why you need a divorce lawyer in Houston TX.
The most controversial and quick to change aspect of divorce is alimony. Courts have different levels of discretion in determining alimony, depending on the state or region you are in. The courts may look into the length of the marriage, the ages of both spouses, their physical and emotional health, the standard of living while in the marriage, each of their educational level, their employability and capacity to earn, and the allocation of child-rearing tasks. Alimony can be permanent, limited duration, reimbursement alimony, rehabilitative alimony, and a combination of these. Before meeting the lawyer, it is important for the spouse to discuss his or her financial needs, career goals, and the amount of time needed to achieve the goals. This will ensure that the couple will have the support they need.
Child custody on the other hand is the most contested issue when it comes to divorce. Whether it is physical or legal custody, this may be awarded based on the best interests, such as the physical and emotional welfare of the child. Legal custody is the ability make decisions about the child’s education, health, and welfare while physical custody pertains to where the child will reside. The couple may have a shared or joint custody which means that the children will have equal amount of time to live with each parent.
Both spouses are obliged to provide child support. The amount required for the parents to provide may be outlined by the court or written in an agreement signed by both parents.