Divorce Lawyers Can Help Spouses Reach Settlements on These Issues

Hiring a divorce attorney is an important decision that should not be taken lightly. It is a good idea to ask friends and family for personal recommendations.

Divorce lawyers are skilled at negotiating and can help you reach an agreement on issues like child custody, property division and spousal support. They may also represent you in court for contested matters.

Child Custody and Support

In the case of a divorce, issues can arise concerning child custody and support, good divorce lawyers in Bangalore can help spouses reach settlements on these issues and move forward.

Ideally, parents will negotiate a settlement agreement (through mediation, collaborative law, or traditional negotiation) on the terms of their final custody and parenting time arrangement. When parents can agree on these terms, the process of getting a divorce is usually faster and less acrimonious.

In cases where the parents cannot reach an agreement, a judge will decide these issues. Factors that a court may consider include each parent's relationship with the children, the child's preference (if he or she is old enough to have one), and each parent's living situation. For example, the judge might prefer that a child reside with the parent who lives closer to the school and social activities of the child's friends. In addition, the judge may take into account each parent's income when determining child support.

Settlement Agreements

In some situations, the divorce process involves settlement negotiations or mediation to reach mutually agreeable terms for a marital settlement agreement (MSA). While it is common for MSAs to contain financial terms, they may also cover other issues like personal belongings, attorneys’ fees, and costs.

When addressing finances, the parties should specify each account they are splitting, including checking accounts, investment accounts, and pensions. They should also state how debts will be divided and who will pay them. The agreement should include a ledger that tallies the value of all assets, debts, and belongings awarded to each party.

In terms of alimony, the parties should indicate how much spousal support will be paid, when it will start and end, and whether it will be one-time or periodic payments. They should also note if it is taxable and what portion of the amount will be taxed. They should also include a clause that states how any future modifications will occur.

Property Division

The issue of property division is a significant part of divorce proceedings. It requires a thorough understanding of all assets and debts that have been acquired during marriage. It also includes a detailed understanding of the tax complexities, valuations of complex assets such as family-owned businesses, land trusts, and real estate.

While it is always best to negotiate a settlement with your spouse, many couples find it necessary to go to trial to determine how their property and debt will be divided. A judge will review the evidence and divide the community property equitably. However, the judges differ in their rules and laws pertaining to separate and community property.

It is important to make a list of all your assets and document their worth. If your spouse attempts to hide assets, the court may reopen the case and reevaluate the division of assets. It is also important to understand that individual debts are not subject to equitable distribution, but they will be used in determining things like spousal support.

Spousal Support

A divorce can have many complications, including spousal support. This can have a major financial impact on both parties, particularly if the supporting spouse gave up their career to raise children or care for a loved one who is disabled or elderly. Your lawyer can help you understand your rights and options for spousal support.

The court considers many factors to determine if alimony should be awarded, what amount should be paid and how long it should last. These include: the length of the marriage, each party’s ability to earn income, the standard of living created and maintained by the marriage, assets, the ages and health of both spouses, and other considerations unique to your situation.

It is important to hire an experienced attorney as soon as possible in the divorce process so your case can be handled quickly and fairly. An attorney can compel your spouse to turn over financial information, obtain expert witnesses for complex asset valuations and other issues, and present evidence that supports your position in court.