Discover About What To Expect From A Divorce
Find Out about What to Expect From a Divorce
If you are currently facing a divorce, you are probably wondering what to expect from the divorce process. Just as no two marriages are alike, however, no two divorces are alike or have the exact same outcome either. Predictability and divorce do not go together. Still, an experienced family law attorney will be able to give you some idea of what to expect before, during and after your divorce. Armed with realistic expectations, you will have the best chance of being satisfied with the end result of your divorce.
What a Divorce Can and Cannot do for You
Normally, people contemplating divorce have some idea of what to expect from a divorce. They have witnessed divorces on television and in movies, and often personally know at least a handful of people who have been through a divorce.
Increasingly, people have also experienced their own parents’ divorce. In spite of this “second-hand” experience, facing your own divorce is one of the more frightening events in life. Not only do you face a court-sanctioned ending of possibly one of the more significant relationships you have ever had, you also must begin to think about such unpleasant things as the division of property and new living accommodations. In many cases, there is also the unhappy prospect of no longer seeing your children on a daily basis. While divorce may not be the hardest thing that your life has to offer, neither will it be a panacea for all your current problems and negative emotions. Consequently, it is wise to understand the realities of what a divorce can and cannot do for you.
What Divorce Can Do
A divorce court will attempt to divide the property of a marriage in the most economic way possible. Most states will exclude from this division any property that was acquired prior to the marriage or that was acquired via gift or inheritance. In some states (community property states) this involves a 50/50 split of the property acquired by the parties during the marriage. Other states (non-community property states) will inquire into the couple’s individual financial circumstances, financial plans for the future, and other relevant matters in attempting an equitable distribution of the property. This distribution will be done differently depending on the circumstances of each particular case. That is why it is often difficult for attorneys to predict exactly how the divorce court will handle the division of a couple’s property.
Courts will also determine a couple’s support obligations. This can come in the form of child support and spousal support (a/k/a alimony). Child support payments are now largely set by state law, however, deviation from those standards are not uncommon. Also, child support orders may depend on the custody arrangements ordered. In general, spousal support largely depends on the facts and circumstances of each particular couple. Therefore, here again, any attempt at predicting a court’s ultimate support decision is often a waste of time. Aside from the distribution of wealth, the other main function of the divorce court is to set child custody and visitation schedules. This too is anything but predictable. While courts often try to make their decision based on a set of factors said to promote the “best interest” of the child, these decisions can vary from case to case and court to court. After all, human judges, who are influenced by their own beliefs, opinions and values, apply these factors. Further, judges usually see and hear only the worst of people during heated custody proceedings. Based on their limited “view” into the parents’ lives, a divorce court may not always make the “best” possible decision when it comes to custody. Here again, negotiation and settlement are important options to remember. Everybody, especially, your children will benefit by a cooperative child custody arrangement.
Learn More
If you want to learn more about divorce education, contact your local family court or a family law attorney with experience in child custody and visitation. Attorney Scott J. Stadler practices divorce and family law in Broward County, Florida. His office is located in the city of Coral Springs.
Tags: divorce, divorce 101, divorce info, separation and divorce
