Talking to a professional can be tricky when discussing your private life, relationship, or family. Divorce is not trivial, and the consequences are numerous. Using a lawyer is mandatory and protective because this legal professional can help you take stock of your situation and help you ask yourself the right questions before starting the procedure!
You don’t want the process to drag on when you need a divorce! Your lawyer is attentive to your needs and desires: he has the possibility of speeding things up if necessary. He has a double hat in a divorce. At first, he will be your advisor. It will help you ask yourself different questions to determine which type of divorce to choose. Secondly, he will represent you and your interests.
How Does The Procedure Take Place?
Are you in phase on the separation and its effects? This question is fundamental. If you agree on everything, divorce by mutual consent is the way to go. In this procedure, a lawyer is mandatory for each spouse. You will have to sign a divorce agreement prepared by your lawyers, covering the essential issues to be dealt with: division of property, child custody, alimony, custody of animals, etc. A notary will then ratify this agreement.
The lawyer such as Brooks and Radchenko, LLC will allow you to prevent a possible later conflict by summarizing what you and your spouse have decided concerning your separation. Divorce by mutual consent is a good option when it and its consequences have been thoroughly examined by the spouses. And the icing on the cake, it’s fast.
Have You Thought About The Consequences Of Divorce On Children?
Who will babysit? What will be the terms of visitation rights and accommodation for your spouse? How much will the alimony be? The lawyer will explain the different types of custody available to you: sole custody, joint custody, etc. But he will also review the amount of alimony paid to the other spouse in the event of differences in living standards. Indeed, divorce does not remove parental authority. As a parent, you must continue to provide for your children’s needs and ensure their well-being.
If divorce is an emotional ordeal for the couple, it is also for the children who may be torn between their parents. Each spouse must make responsible choices that allow the children to continue to flourish despite these family upheavals.
How Will The Assets Acquired During The Marriage Be Distributed?
Will I be able to keep the marital home? Who will keep the car? How to share the fruits of the sale of a property? You certainly have rights, but your matrimonial regime will also impact these various questions. Indeed, depending on whether you have chosen to make a marriage contract or benefit from the legal regime of the community during your marriage, the negotiation and division of property will be different. In principle, a marriage contract is a separation of property regime that applies to property acquired before the union. Each spouse takes back their property.
As its name suggests, if you benefit from a legal community regime (classic marriage), half of everything belongs to you. Each spouse will recover their respective property obtained before the marriage. For the rest, you are entitled to half of the property acquired during the marriage. This point could be problematic if one of the spouses participated less than the other in purchasing the property.