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Divorce Attorney

Divorce Law

It is critical to work with a divorce attorney when you are seeking to terminate your marriage. Divorce encompasses issues such as alimony, child custody, visitation rights, and division of assets. Divorce law also covers matters related to the filing for divorce, grounds for divorce, and any other relevant judicial procedures that may be required in order to terminate a marriage successfully.

Filing for Divorce

To file for a divorce, you must meet certain requirements specific to your state, such as residency or jurisdictional requirements. You must also submit various forms and documents to prove you meet these criteria. Generally speaking, you will need to provide information such as your full name and address, your spouse’s full name and address, information about any children involved in the case, and the date of separation. Depending on your state’s laws, you may also need to provide additional documentation detailing why you are seeking a divorce. An experienced divorce attorney can guide you through this process and ensure that it is completed correctly.

Grounds for Divorce

The most common grounds for divorce in the United States include no-fault divorces which require proof that an irretrievable breakdown of the marriage has occurred due to irreconcilable differences between partners; often, this is more mutual than a fault-based divorce. Fault-based divorces require proof that one partner has committed some form of misconduct or abuse that would make it difficult or impossible for the other spouse to continue the marriage. An example of this would be one spouse being unfaithful to the other spouse or abandoning the other spouse and any children (if applicable). Something else to consider is annulment, which requires proof that some condition existed before marriage (such as age), which makes the union invalid.

Child Custody

Child custody determinations are made by either agreement between both parties (joint custody) or through a court order (sole custody). In most cases, joint custody is preferred since it allows both parents to share in decisions regarding their child’s upbringing while giving each parent responsibility over their parenting time with their child(ren). However, sole custody can be awarded if one parent is unable or unwilling to participate in joint decision-making or if it is not in the child’s best interest based on their needs. An example of this can be when one parent abandons the family. In determining child custody arrangements, courts typically consider factors such as distance between parents’ homes, the morality of the parents, parental lifestyle choices (drug use, criminal convictions), financial security and income status of each parent; age(s) of children involved and safety concerns regarding either parent’s home environment. Child custody matters are highly emotional and complicated, so working with a divorce attorney can help ensure that your child’s best interests are protected.

Spousal Support & Alimony

Spousal support is monetary payments intended to provide financial assistance from one former spouse upon dissolution of marriage until either party remarries or different circumstances arise, justifying the change or discontinuation of payments. The amount paid by one former spouse often depends on another former spouse’s ability to pay based on income sources. Examples of income sources include a salary from a current job or investments before divorce proceedings. Alimony payments should be enough so both parties can maintain their previous living standards after the divorce. For example, if one spouse is the sole income earner, this helps ensure that the other spouse can have some financial help and not just be left with no income right away. The duration and amount paid depend on factors such as earning potential following divorce versus earnings before the divorce, whether the spouses had children together during the marriage, and how custody of the children is arranged.

Division Of Property & Assets

Property division determines how all assets accumulated during the marriage will be divided upon dissolution. Some of these assets can include bank accounts, real estate, investments, retirement plans, vehicles, or insurance policies. Separate assets acquired before the marriage remain separate property that will not be divided in the divorce. For example, if one spouse owned a valuable classic car before the marriage, the car will not be included in the property division in the divorce.

Assets acquired after marriage will be divided. In this process, a court thinks about many different factors, such as how long the couple was married and contributions made individually that would increase the asset’s value. The court will eventually make a final decision about how the assets will be divided. Having a divorce attorney on your side is critical to protecting your rights to various assets.

Contact a Divorce Attorney for Help Today

Are you encountering a divorce and unsure of what to do? An experienced divorce attorney is ready to help.

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Attorney Jose Antonio Pol is dedicated to fighting for his clients. If you need help, call us at (203) 339-0050 or fill out the form below to request a consultation.