The decision to get divorced is followed by the need to make several other decisions. The divorcing couple will need to figure out who will have primary custody of the children or whether the kids will split their time equally between mom and dad, which bills are paid by which party, how to divided marital property, and any other issue unique to the situation. In most cases these important issues are not resolved between the litigants, which is why the judicial system is needed. The Court bears the responsibility for making final orders on all of the things that arise during a case, and it is the job of each party’s attorney to advocate for what is in the best interests of their client. In order to make sure the final results in your case meet your needs it is crucial to fill your attorney in on all of the facts.
When discussing the issues in your divorce that require resolution, pay special attention to these three things:
- Property division and how certain pieces of property are characterized. If there are some things you have your heart on keeping because they were gifts, a family heirloom, or something you owned prior to getting married you need to make sure that item is classified as your separate property. Generally speaking these types of things are yours to keep, and not subject to distribution by the Court. You may be required to show that a certain piece of property is your separate property and that it was not part of the marital estate in order to keep the item, and this could require a fact intensive inquiry into when and how you acquired the property. It may also be necessary to show that you have maintained the property separately and not commingled it with other things acquired jointly with your spouse.
- Financial freedom is an important part of standing on your own two feet after divorce and for some cases this means spousal support is necessary for a period of time. If this is your situation it is essential that you make your needs known when developing a case strategy. Failure to resolve financial issues can leave you holding the bag for jointly acquired debts, or without the means needed for your daily expenses.
- Child custody and visitation as well as how much child support should be paid must be addressed. If you have older children who are expressing a parental preference as far as where they live most of the time, the Court might take this information into consideration when deciding custody. If your kids are younger, you will have to be their voice and ask for an arrangement that makes the most sense for their well-being.
If you are able to articulate the issues that matter the most to you, your case will go much more smoothly. When meeting with an attorney, be sure to provide all of the information you have, so the lawyer has a complete picture of your needs.
For more information about what to expect during divorce, contact us for an appointment today. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your initial visit.