Divorce
At The Law Office of Romeo R. Perez, we know you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact us online or at 702-214-7244 to schedule a Consultation.
Divorces
Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement.
Property Division
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Furniture
- Artwork
- Pensions
- Securities
- Retirement accounts
- Debt
There are two ways this property is split, and it depends on your jurisdiction:
- Community property where assets are split 50-50; and
- Equitable distribution where assets are divided fairly and not necessarily equally.
Spousal Support
Spousal support, also commonly referred to as alimony, is not awarded as often as it was in the past. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to alimony or the court can order it. Decisions about alimony are made based on many factors, but the more common factors include:
- Age
- Health (physical, mental, emotional)
- Education
- Potential to earn
- Standard of living during the marriage
- Length of the marriage
- Difference between earning capacities
Child Custody
Child custody is one of the most contentious areas of divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents to partake in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Child Support
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support. Most courts will use a child support calculator to help determine the amount.
Contact Us Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us online or call us directly at 702-214-7244 to schedule a Consultation.