Divorce, Separation & Financial Issues

Married couples whose relationship is at its end have several options to help them move into their next phase of life while protecting their legal rights.

Divorce, separation, and annulment are options that may be available, depending on the circumstances surrounding the marriage, and the needs of the individuals. Mediation may make the divorce or separation process smoother and more painless.

In some states, divorce is only an option after a period of legal separation. Typically, separation is a temporary reprieve from marital strains, while divorce is a complete end to the legal relationship between a couple.

Determining which option is right for you depends on your expectations for your relationship with your spouse, your state's laws, and your legal and personal needs. By working with a divorce attorney or family lawyer, you can evaluate your needs and work for the best outcome.

If you're ready to take the next step, connect with a family law attorney today. Just use the quick case review form below to arrange your initial consultation with a family lawyer near you.

Alimony & Spousal Support

One of the most contentious issues in a divorce other than child custody is often alimony, or spousal support. In a marriage where one spouse was a sole income earner, or out earned the other spouse, the court may grant temporary or permanent spousal support.

Alimony is not awarded in all divorces, and the court's decision to award alimony will likely depend on a number of factors, which can include:

  • Earning capacity of each spouse
  • Length of marriage
  • Fault in divorce
  • Asset and property division
  • Standard of living
  • Pre-nuptial agreements

If spousal support is awarded, there are several forms of alimony that the court may require one spouse to pay to the other:

Depending on state laws and factors like those above, a court may grant alimony that will continue until the receiving spouse dies or remarries, or may order alimony on a temporary basis. Most commonly, alimony is awarded for a period of time in order to allow a spouse who has been outside the workforce or is absorbing many new expenses to transition to financial independence.

Alternative Dispute Resolution

Many couples are weary of filing divorce because of the negative connotations - contentious arguments over property division, long court processes, and continually mounting legal fees.

In many states, though, the courts try to urge the couple into a form of alternative dispute resolution (ADR), or settling legal matters outside of court, in hopes of saving couples time, money and stress that would otherwise be spent in the courtroom.

Possible methods of ADR include:

  • Mediation: couples work with a neutral third party, called a mediator, to reach a mutually agreeable settlement. The mediator may also assess the legal arguments of each side and let them know their chances of winning or losing in divorce court.
  • Arbitration: couples hand over their contested issues to an arbitrator, who makes settlement decisions for them. This typically works for couples who have no minor children, as the court will still need to make decisions related to custody and support.
  • Collaborative Divorce: couples enter a contract that they will collaborate during a peaceful divorce, with the aid of family lawyers and other professionals.

In most cases, divorcing couples will still need to appear before a judge in the family law court. However, since most of the considerations of the divorce will be agreed upon before this appearance, the divorce will move relatively quickly, and the judge will typically only need to approve the terms and issue the divorce decree.

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