8 Important Things to Discuss with Your Divorce Lawyer

Divorce is a difficult time for both partners emotionally, especially if there isn’t mutual consent between the two.

Besides, it is also a long legal procedure because there are important things like property and finances involved.

It is important to get a divorce lawyer and have prior discussions with them to receive the best possible settlement.

Sorting out the most complicated aspects of your divorce with your lawyer will help the process go more smoothly and relieve you of some stress.

1. Required Documents

An official divorce can be a lengthy legal process especially if the parties don’t have the necessary documents in hand.

Whether it is regarding property title or child custody, documents are necessary to validate certain claims that either party makes.

Make sure you ask your divorce lawyer what documents you will need for the process.

Usually, parties seeking a divorce need to show the following documents,

• Personal information like legal name, contact number, address and date of birth
• Marriage certificate
• If you have children, document their details like name, age, schooling and address.
• Bank statements and details of loans
• Employment information
• Mortgage documents
• Tax documents including property tax and others, as applicable
• Insurance documents

You might also be required to produce other documents depending on the type of divorce case you will be filing.

2. Child Custody

In cases where there is mutual consent, both parents are given equal custody or joint custody of the child.

There are other situations where one parent will be granted full custody and the other will get only visitation rights.

In cases where one parent is believed to be physically or sexually abusing the child or is harmful to the child in some way, visitation rights and custody will be denied.

Here are some factors which will determine if you get full custody of your child.

• Relationship with the child: The child’s interests will be taken into consideration to determine with whom he or she prefers to stay.
• Physical and mental health: In a situation where a parent is an alcoholic or one who abuses the child, the court might grant full custody to the other parent.
• Cases of neglect: If there is neglect from any parent, the court will consider this and structure the custody arrangement accordingly.

If there are children involved in your divorce, hiring an experienced divorce lawyer is very important.

They will consider everything and help you come up with a parenting plan suitable for your case.

In cases where you want full custody of your child, your lawyer will negotiate on your behalf and represent you in court.

While it may seem important to choose a lawyer with the best practice, finding a good local lawyer is more practical. It will be easier for you to reach out to your lawyer and meet them if they reside in your locality.

For example, if you reside in Fort Worth, Texas, you should look for a qualified divorce attorney in Fort Worth.

3. Spousal Support

If any of the partners are not financially stable and may seem unable to lead their life after divorce, they can take advantage of spousal support rights depending upon the case.

The court will consider a few factors while determining the amount of financial assistance the partner will receive. This can be the duration of the marriage, the salary of each partner and their overall health.

The different kinds of alimony or support options include,

• Permanent Alimony – In permanent alimony, a certain amount is paid to the partner until the death of the payer or the remarriage of the payee. In cases where the payer’s income reduces, the amount can be adjusted subject to the court’s order.
• Temporary Alimony –  Here a certain amount of money is paid for a certain period or during the time of the couple’s separation until the divorce is finalized.
• Rehabilitative Alimony – In rehabilitative alimony, a certain amount is paid to a partner till he or she completes school, a training program or obtains the necessary skills and qualifications for a job.

4. Property

The division of property between two partners can be affected by several factors.

In divorces by mutual consent, the property might be equally divided between both partners.

If the property is registered jointly in both partners’ names, then each partner will have equal ownership of the property.

In cases where separate property is owned by either of the partners, the ownership will rest with that person.

However, if separate properties become marital property or a partner contributes to an increase in the value of the property, the ownership might get divided.

5. Child Support

The amount for child support to be paid by a partner after the divorce will depend upon the parent-child relationship and the income of both the partners in question.

Different states have different laws regarding child support so it is important to discuss with your lawyer regarding this.

Child support is usually applicable in cases where the couple’s children are under the age of eighteen and still financially dependent on their parents.

6. Domestic Violence

If one of the partners is being abused by the other, they should talk about this with their lawyer to figure out what extra steps can be taken for their safety.

Partners can receive financial assistance from the family court if there is proof of abuse, for example, a restraining order against the abusive partner.

7. Changing Your Name After Divorce

Many people want to change their name after divorce to start their lives anew.

Discuss the formalities required for changing your name with your lawyer. You can do this as long as you have all the necessary legal documents.

8. Attorney Fees

Before you hire your attorney, make sure you ask them upfront about their fees.

The fee arrangements can differ from attorney to attorney. Make sure you read the fee agreement and clear your doubts if any.

Conclusion

Make sure to hire a divorce lawyer who has years of experience working in this field. You should also check whether they have experience dealing with special cases like abuse or child custody.