How Speaking to a Family Law Attorney Reduces Divorce Stress
Divorce is a significant source of stress for many reasons. Even in a marriage of short duration, a relationship that once seemed secure but is now dissolving is cause for sadness, depression and regret for what might have been.
If you have children, the dissolution can be especially traumatic. For you, the issues of custody, visitation, child support, spousal maintenance and the division of assets, debts and child expenses can be dizzying, confusing and, of course, incredibly stressful.
But you can significantly relieve the stress of divorce by speaking to a family law attorney about what the divorce process is and how certain issues are resolved or decided upon by the court.
Child Custody and Support
Obviously, the welfare and well-being of your children are paramount. Having to deal with separation from one parent, the interruption of routine and other emotional aspects can be daunting for any child of divorce. Your family law attorney can help you deal with these issues by referring you to family counselors or psychologists or by recommending certain steps you can take to assure your children of continued love from both parents and to minimize the transition to separate households.
Most couples agree to custody arrangements and need only to work out visitation and holiday schedules that your attorney can assist you with suggestions and recommendations based on years of experience. If disputes arise, a mediator can be retained to work out the differences. Child support is largely determined by state guidelines and your lawyer will help with determining the amount. You can agree to a lesser amount if you and your spouse are fully informed of your rights, there is no coercion in the agreed amount, the child’s needs will be adequately met and no public assistance is pending or in effect.
If there is inequality in personal finances or the ability to earn a living, spousal maintenance might be ordered. Knowing your rights to financial support or what your payments will constitute and for how long payments might have to be made can ease the uncertainty in this area and prepare you for what will likely be ordered. You can also agree with your spouse on what payments are satisfactory.
Division of Assets
California is a community property state, meaning that assets are divided equally. But do you know what separate property is and when it could become a community asset? In cases where business interests are involved, you will want to know if you or your spouse has a valid interest. What happens to retirement plans stocks and the second home? Your family law attorney can explain all of these issues to you so that you will be prepared for what a court could order unless you and your spouse can agree on a satisfactory division.
Having the court decide these issues is not necessary if you know your rights, are aware of what you may reasonably expect and are amenable to compromise. Your attorney can counsel you on alternatives to litigation and methods of reaching agreement on key issues that can also reduce legal fees and other costs.
If you are contemplating divorce or a divorce proceeding is just beginning, contact a family law attorney and learn how knowledge and preparation can lessen the emotional blows.