DIVORCE
Divorce: (in one word)
1. Uncontested: simple 2. Contested: complex
Complexity is first and foremost the outlining description. But our attorneys break this down for the sake of our clients' ability to understand divorce in their terms. There are underlying issues that build up the complexity. But here is where we will break this down.
Alimony is financial assistance ordered by the court. Alimony orders lean more in favor of the wife. But no matter, alimony obligation is not gender biased. It can be ordered to pay by the husband or the wife, depending on the specific situation. There are several types of alimony:
- Temporary Alimony: paid to spouse whom is owed, enabling them to live within their standard while the divorce is in progression. It is paid monthly and lasts until the divorce proceedings end.
- Periodic Permanent Alimony: predominantly associated with long-term marriages. It ceases when there is a death between the two spouses or one or the other gets remarried. Awarding of the above is based on length of marriage, what a spouse is in need of and the other’s ability to pay. As well as the age and well being of the spouses.
- Rehabilitative Alimony: associated with short-term marriages. Used to further educate one spouse so they can become independent. Given for an impermanent amount of time, along with a regimented plan of care.
- Lump Sum Alimony: allocated from one spouse to another in a single payment, or intermittent payments. This is justified for support or as a means to transfer assets between spouses.
Custody of child(ren) is where it gets very emotional, this being the heart of most divorces. Because partners want visitation rights with their child(ren), there are options to these rights.
- Sole Custody
- Joint Custody
- Shared Custody
- Rotating Custody
Child Support: When spouses separate, money and assets are divided amongst the parties involved. This division is not always equal. Courts order the spouse without custody to pay a monthly amount to the one that does. This has the ability to sift one’s finances. To reach the amount that is to be owed by the spouse without custody, state guidelines take into consideration all income and other earnings of both spouses as well as their child’s healthcare and daycare disbursements; depending on the child’s age. |