When a couple is going through a divorce and has to go to family law court, there are a number of issues that need to be resolved amicably between the two parties. These can be tricky matters as the stakes are high, whether it involves custody of the children, division of assets, spousal support, or other standard issues.
In today’s blog post we’ll take a look at the different things that come up and suggest ways to resolve them.
Resolving a Divorce in Court
The best solution to any or all of the matters mentioned above differs from case to case, as each couple has a situation that is unique to them. There is no “one size fits all” to settling a divorce, but below are a few ways that clients of ours have settled them in our prior proceedings. Should any new things happen in a lawsuit update, we’ll be sure to come back and edit this post with new solutions.
Who Gets the House
If a couple purchases a home together while they are married and use separate property to make the down payment on it, as well as community property to pay the mortgage and taxes, they both have a claim to the asset. They will need to figure out how to divide or separate this asset.
One option is to sell the house and each party takes their equitable share of the proceeds. Another way is for one party to buy out the other party’s share, and they can then live in it or do with it what they will. They may also keep ownership of the house and rent it out and share the rental income. In some cases, if the split is amicable, they may decide to keep ownership of the house and continue living in it together (usually for the sake of the children).
When a couple divorces, one party may wish to receive spousal support from the other party. There are a number of ways to determine the amount, duration, and other terms of this agreement. Most commonly it is done by examining the financial’s of both parties, determining the actual needs of the supported and supporting party, and the supporting party’s ability to pay. Another way is to take an amount that is equal to the supported spouse’s share of some (or all) of their community assets available at the time the divorce occurs.
Between these options, the solution could be a lump sum payment, a division of assets, or a fixed monthly payment for a determined duration.
Lastly, and probably most importantly, is determining custody of children (if applicable) as well as visitation rights. There needs to be a determination of legal and physical custody of the children, which presents itself in many forms.
There could be shared joint legal and physical custody. Another possibility is sole legal custody, with joint physical custody. Also an option is sole legal and physical custody, with visitation (which can be supervised or unsupervised) by the other party. Finally, an alternative is sole legal and physical custody by one party, with no visitation rights to the other.
As you can see, there are many matters to sort out and no one right way to solve them. Each case needs to be resolved according to the particular circumstance of the parties and the nature of the divorce. We hope that above presents you with some options if you are in need of this type of family law.