Divorce – what to do? When a relationship breaks up, it’s always a painful experience for everyone involved. When a spouse separates, there are many other things to consider. Good preparation and thorough study of the topic can help to make the separation process as uncomplicated as possible and thus save you a lot of suffering and costs. In this article you will learn all the important things about divorce proceedings so that you can start a new phase of life unencumbered. From the course of the divorce, to questions about maintenance and custody of the children together, to the division of assets.
Divorce, what do I have to consider
In theory, a divorce in the US is not a complicated matter. If the parties involved agree and part on good terms and have previously planned in detail how aspects such as
- Asset allocation
Handling: the divorce proceedings can be handled quickly and easily. In this case one speaks of an amicable divorce. The fees associated with filing for divorce turn out to be manageable and affordable.
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Unfortunately, it often happens that it is a long way from the decision to separate to the successful settlement of the divorce, and it is not uncommon for a war of the roses to lie in between. As a result, the divorce settlement is preceded by a contentious divorce, in which the court is obliged to examine the living conditions of the future divorcee in detail and then determine how the future of the parties will be settled. In these cases, the divorce settlement is usually preceded by a lawsuit filed by one spouse against the other.
If you are in the unfortunate situation of having a dispute with your spouse and cannot agree on certain issues, you have the option of going to mediation. If that doesn’t help either, it’s a good idea to get help from a knowledgeable and professional divorce lawyer Las Vegas who can explain your rights, show you what you’re entitled to, and help you assert your rights in the divorce proceedings.
Year of separation
Before the actual divorce proceedings begin, the USA has a certain period of time during which the spouses must live separately. This period ideally lasts 6 months to a year, which is why it is also known as the “year of separation”. You can use this time to think about how you can shape your future and how you can settle the divorce issues.
Divorce – what am I entitled to?
One of the central questions in a separation is how to regulate matters such as child custody and child support payments. Although these questions are often associated with horror stories and one hears again and again that parents are unjustly denied access to their children after a divorce or are driven into poverty by alimony payments, it must be noted that there is a clear set of rules in the US law, to make such horror scenarios impossible. Here’s what to expect when it comes to questions about money and offspring.
Ideally, joint custody of the children remains in place even after the divorce. This is usually handled in such a way that the children live mainly in the household of one of the two parents and see the other legal guardian as often as both like it. There are also cases where the parents share the care of the children and they live equally in the households of both parents. In principle, parents have a right of contact with their children. This is only restricted if negative behavior or adverse living conditions of a parent negatively affect the well-being of the child.
One of the biggest disputes is the settlement of alimony payments. In this case, the spouse who has significantly higher income and financial circumstances than his partner is obliged to make payments. The amount of the payments depends on how big the difference between the income levels is. In principle, the alimony payments should ensure that the person entitled to maintenance can continue to lead a reasonable life depending on the previous standard of living. The amount of maintenance can amount to up to 40% of the income of the financially better off spouse.
Do you have any ambiguities regarding maintenance matters? A maintenance calculator can provide clarity.
Divorce, what is shared
As a rule, a long-term relationship is associated with the accumulation of many common possessions. An important aspect of a divorce is therefore the division of the common property. This is divided into consumer goods (objects such as real estate) and marital savings, which include both money and investments.
The valuation and allocation of joint property is often a lengthy and difficult process, since it is necessary to determine which objects are more appropriate for which of the spouses. For this reason, it is helpful to seek clarification with the future ex-partner before the divorce proceedings, in which one agrees on how the household effects and savings are to be divided between them. In this case, mediation can also be helpful. Debts are shared among themselves.
Excluded from joint property are possessions that both spouses have already brought into the marriage, either through inheritance or as a gift. Owners who belong to a company are also not taken into account.
Important: Only those material and monetary assets that were acquired during the existing marriage are included in the estate to be divided, i.e., the assets that are divided between the two in the course of the divorce proceedings.
Sometimes there can also be ambiguity as to how an object is to be valued, as can be seen in the following cases:
- Objects acquired while married but paid for with savings from before marriage
- Company assets created with marital savings.
In the event of a disputed divorce, conflicts can easily arise in these cases that are not easy to resolve. If in doubt, it is advisable to consult a competent lawyer who can advise you and help you further.
What to do in case of divorce? The ideal way to get through a separation successfully, quickly and easily is to discuss in advance with the future ex-partner how to settle the most important matters together. Mediation can also be helpful in this regard. However, if you are in a dispute with your partner and cannot come to an agreement, a lawyer can help you to assert your interests.