Emotionally, divorce can be one of the most stressful times in a person’s life. Legally, divorce entails an equitable division of property, a determination of spousal support, and, in the case of children, the establishment of a parenting plan. I can’t possibly begin to address all of the stressors affecting my divorce clients stemming from the conclusion of a relationship that is years, or even decades long, which I know nothing about.
Instead, what I do is focus my divorce practice on the area where I do have knowledge and expertise: the legal process of divorce. What I’ve found is that giving my clients an understanding of the framework and procedure of divorce allows them to focus on coming through the process in the strongest position possible to move forward with their lives. I believe this allows my clients to better cope with the other, personal and emotional stresses of divorce.
Any divorce will require an equitable division of property, which is a pretentious, legal way to say the assets of the marriage will be split fairly. Depending on the facts of the case, that could mean a clean 50/50 split, it could mean one party keeping the marital residence while another party leaves the marriage with a larger share of the balance of the joint checking account instead. What is ‘equitable’ will be dependent on the facts of each individual case, and is influenced by things such as the duration of the marriage, the earning capacity of the parties, and the contribution of each party to the appreciation of marital assets.
Certain cases may entitle a spouse to receive support from the other party on a temporary or permanent basis. Factors including the length of the marriage, the age and education of the parties, and the earning capacity of the parties, will influence whether, and what kind of, spousal support is available. Like equitable division, spousal support is highly dependent on the individual facts of a case.
For marriages with minor children, a custody arrangement that is in the best interests of the children must be established as part of the divorce. The goal in this state is to allow each parent to participate to the maximum extent possible in their children’s lives. Once again, what sort of plan accomplishes the dual goals of maximum participation and serving the children’s best interest is dependent on the individual facts of each case.
I provide a free consultation to divorce clients. After explaining the divorce process and hearing the facts of your case, we will determine how to proceed in a manner that makes your divorce as smooth as possible, while simultaneously ensuring that your rights and interests are protected.