Divorce: The Legal Issues

Going through a divorce is a tough process. It presents a huge emotional burden. It is important to have a good divorce lawyer working through the process step by step. This will help you secure the best possible future for you and your children (if any) as you begin a life as a divorcee. There are two kinds of divorce proceedings. If the two parties in a marriage agree to divorce and on the issues pertaining to the divorce, they can seek one lawyer to give them legal advice during the divorce process.

Sometimes the parties do not agree, which is referred to as a contested divorce, this will usually go through mediation. If that fails, it ends up in family court where the issues being contested will be resolved.

In both cases, the issues to be decided remain the same. The things to be decided during divorce include;

  • Parenting: If there is a child or children the issues of custody need to be decided. Your ability to gain custody can be hinged on other many factors that the divorce lawyer will elaborate. It is important to communicate your desired outcome clearly to your lawyer.
  • Under parenting issues like residence, visitation, medical care the child's wishes, and other child support matters are discussed.
  • Support: it might be that one of the parties needs continuing financial support. There are legal methods used to calculate these amounts.
  • Property: Property is usually subdivided based on certain legal criteria. It applies to all types of property, liabilities and tax obligations. The divorce lawyer needs to find out all privileges you are allowed under the law and negotiate for you to get them.
  • Other issues you could want to be tackled include pet care, grandparents' visitation (in the case of children) and any other issues raised.

Because of the gravity of issues involved it is a good strategy to get the best divorce lawyer possible. A good divorce lawyer must be experienced in handling divorce proceedings. An in-depth understanding of family law is another important trait for a good divorce lawyer.

In case the issues to be covered in the divorce are not agreed upon during mediation the lawyer should be able to represent you well in a court of law.

In case you had a family lawyer as a couple, it is advisable for you to choose a divorce lawyer for your divorce. The family lawyer may sympathise with one party and end up representing the opposite party.