Rarely does a person think about a divorce until they are forced to do so. At this point, a number of questions may arise. A divorce lawyer, like from Robinson & Hadeed, understands the complications and nuances of a divorce proceeding. If you or your spouse has filed for a divorce, you might be wondering what to expect with regards to a divorce judgement, assets, and other matters. Please review some of the most common questions about getting a divorce:

What is Spousal Support?

Spousal support is also known as alimony. This is a legal obligation to provide financial support to a spouse. This could happen before or after a divorce. Who will pay alimony largely depends on the factors of the situation. A divorce lawyer can explain this to you in further detail. 

How Will Assets Be Divided in a Divorce?

How assets and property is divided in a divorce is controversial and depends on the laws of the state. Most states have equitable distribution which means the assets are to be distributed equally. It does not necessarily mean 50/50, and rather will take into account a number of factors according to the laws and the case. 

How Are Retirement Accounts Handled?

Retirement benefits tend to be some of the largest assets involved in a divorce. Because of this, pensions, annuity’s, retirement accounts, and other benefits are often a large part of the divorce proceeding. The division of all retirement assets can be very complex and varies depending on the circumstances involved. 

When Will the Divorce Judgement Be Granted?

A judgement is granted when the court finds there are grounds for the divorce. In other words, there has been a breakdown of the marriage to the extent that all objects related to matrimony have been destroyed, and there is no likelihood the marriage will be able to resolve and preserve itself. 

A judgement can be entered when the defendant does not respond to the plaintiff’s complaint for the divorce, or the parties reach a settlement before or after trial. Judgements are put on record for a period of time. There will likely be a waiting period that can vary depending on whether or not children are involved. 

What Does a Divorce Judgement Include?

Divorce judgements can include a number of provisions, including insurance, annuities, retirement benefits, pensions, asset and property division, alimony, child support, child custody,  health care (when children are involved), moving children out of state, and more. It might also include provisions for legal fees, taxes, debt, name change of a party, injunctions, and so forth. 

Can A Divorce Judgement Be Challenged?

A party has the right to request relief from the judgement by asking for a new hearing or trial, or an amendment or clarification of the judgement. In general, you will have one year to file a motion to challenge the judgement. In the event something arises, such as a loss of a job, or a work-related move, you may need to ask a divorce lawyer to assist you for a modification (this is different from a challenge). 

What is An Alternative Dispute Resolution?

Also known as ADR, this has become more popular for divorcees who wish to keep costs low and stay out of the courtroom. The purpose of alternative dispute resolution is to give both parties more privacy, speed up the process, and prevent damages that could result from traditional proceedings. 

If you would like to know more about alternative dispute resolution, or the divorce process, please call a law firm to speak directly with a divorce lawyer. 

Personal Injury Attorney

An attorney knows that it can be difficult for parents to know what documents to bring to their child custody hearing. Knowing how to separate what is irrelevant and what is vital can be frustrating to figure out. That is why we suggest getting legal guidance when preparing for your child custody hearing. If you are unsure about what to take with you, you can rest assured that we can provide that clarification. When in doubt, it’s better to bring an extra document with you that you didn’t need after all, than to show up without something crucial. 

Filling Out Necessary Documentation Beforehand

As an attorney may tell you, you don’t want to just attend court with your prepared documents. You will need to complete certain paperwork before the hearing, describing to the court what your stance is and what you are requesting to happen. Along with this, you can attach copies of influential documentation that support your claims. You want the judge to see these documents before going to court.

What many parents may not realize is that the judge isn’t going to hear their side of the story for the first time during the hearing, as he or she has already viewed written submissions associated with the custody hearing. So if you haven’t submitted paperwork for them to look at ahead of time, then you are walking into court with the odds already against you, as it may make you look unprepared.

Visitation Schedule

Keep a log of visitation between the child and the parent without custody. This log must include when the visits happen, where, duration of time, and frequency. If you are the non-custodial parent who wants custody, this can be a helpful angle in showing your involvement in your child’s life.  

Phone Call Logs

The judge is going to focus on which parent can provide the most loving, supportive, and safe place for the child to grow up. You may want to bring phone logs that show how often the other parent makes calls to their child compared to you. For example, has it been weeks since the other parent has contacted you while you were with your child to say hi and ask how they are doing?

Of course, who has custody currently can be a factor, since the parent with custody may not make as many calls since they live with the child. But, if you are the parent without custody you can show that you contact your child on a regular basis to ensure you continue having a strong relationship with them. 

If you are preparing for a child custody hearing, then now is the time to get help from an experienced child custody lawyer in Plano, TX. They are ready to take your call, and answer any questions you have about the process to come. Please contact a law firm now to speak with an attorney. 

 

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Thanks to Scroggins Law Group for their insight into family law and what to bring to your child custody hearing.