If you are planning to get divorced, you might be wondering if you should go for an ad hoc or contested divorce. Divorce is not always as straightforward as people would like, so it’s important to seek out legal advice from an attorney to ensure you get the best possible outcome. Some common issues to be resolved during a divorce include child custody, adultery, and a Separation Agreement. Read on to learn more about these issues and more.
Uncontested divorces are easier than contested divorces
An uncontested divorce is generally less complex than a fought one. Couples who decide to get a divorce without going to court will file divorce forms, rather than a lawsuit. In an uncontested divorce, the couple will agree on major divorce terms such as child custody and support, property division, and alimony. The judge will then review the documents and sign the final divorce decree. Uncontested divorces are easier to complete, as there is no need to file court forms or make a court appearance.
A divorce lawyer is not required in an uncontested divorce, but you may want one if you have a lot of assets or young children. While you may be able to handle the divorce without an attorney, it is important to understand the law and make sure that you have the proper documents to submit to the court. A lawyer will also be useful when negotiating a settlement agreement, especially when the issues are complex or involve financial assets.
Adultery is not a reason for divorce
While adultery is not a reason for divorce, it can have an impact on alimony and custody awards. It’s also illegal to have extramarital affairs, and some states don’t allow divorces based on adultery. Regardless of the legal status of the affair, it can be an important consideration in your divorce proceedings. In addition to adultery, consider this:
While adultery is not a grounds for divorce in all states, it is a common legal defense for a spouse claiming divorce. However, proving that your spouse has committed adultery is not enough to get your ex to divorce you. You must show that your spouse committed adultery, or that it was encouraged by you, and that your spouse forgave you if you did. Additionally, adultery must have occurred within the past five years of your marriage to qualify.
Child custody issues
You can seek legal advice for child custody issues during a divorce if you and your ex are unable to get along. If you and your ex cannot come to an agreement, you can go back to court to change custody arrangements. The Self-Help Center provides resources on filing motions for show cause and enforcement of custody. The following articles will give you more information on these legal issues. Read on for the best ways to resolve child custody issues during a divorce.
A court may deny visitation rights to a noncustodial parent if he or she is likely to cause the child harm. This is known as the best interest of the child analysis, and judges often favor visitation arrangements that are minimally disruptive to children. Moreover, if a noncustodial parent has abused or neglected the child in the past, they may be denied visitation rights. In addition, sexual orientation does not automatically disqualify a parent from visitation rights, but the court will consider this factor when deciding custody.
Separation agreement
When drafting a separation agreement, you should discuss the rights and responsibilities of each spouse in regards to debts and assets. For example, one spouse may stay in the family home while paying for the other’s spousal support. It is important to discuss these matters carefully to avoid conflict in the future. In addition, it is a good idea to have legal advice on how to protect your rights and responsibilities.
A separation agreement may be beneficial even when spouses live in the same house. While many spouses opt to remain under the same roof during a separation, some may decide that a break is necessary for both of them. A separation agreement can protect your children and your financial assets as well. It’s also wise to consult a legal adviser before signing it. The more thorough your legal advice, the better your separation agreement will be.
Financial and tax guidance for divorces
Planning for taxes can be an especially challenging aspect of a divorce. Even if you and your spouse have remained married throughout the year, you may have to adjust your W-4 at work to withhold more taxes or set aside more tax money quarterly. This can be a particularly complex matter because the tax filing status of the couple will change as the divorce becomes final. This means that you may need to work out an arrangement that will alternate who gets the credit each year.
When dividing assets, you may want to avoid the tax consequences of transferring certain property to your ex. For example, if you both have equity in the marital home, you may want to avoid giving your ex the opportunity to transfer the property tax-free. However, if you can structure the transaction as a “true sale” after the year of the divorce, you may benefit from a higher cost basis for the property.