When there's no hope or desire left to save a marriage, the only practical move is to seek a divorce. As any of the family lawyers Aurora will tell you, there are details that must be settled before the case comes before a judge.
While your family lawyer must work within the limits set by current divorce laws, there are ways to advise clients and ensure they leave nothing left undone. As you go over the plans with your divorce lawyer, keep these four issues in mind. If they can be settled amicably ahead of time with the aid of family lawyers Newmarket, the process will be a lot smoother.
Who’s the Plaintiff and Who’s the Defendant?
In any divorce action, it's important for each party to have their own divorce lawyers Newmarket. One party will serve as the plaintiff, meaning that technically that party sues for the divorce. The other party will be named as the defendant.
Family lawyers Aurora for each party will advise their clients of what it means to be designated by each of these terms. Depending on the couple’s situation, it may be more advantageous for one party to be named the plaintiff. This is true even when both parties agree that the marriage should end and there is little to no acrimony at present. Once these roles are assigned, the family lawyers Newmarket can move on to other aspects of the divorce petition.
How Will the Assets Be Divided?
Unless there’s a detailed prenuptial agreement in place, the respective divorce lawyers Newmarket will help their clients come to some conclusions about how to divide their assets. That includes personal property that each person brought to the marriage as well as any assets and belongings acquired during the union.
The divorce lawyers Aurora will advise their clients of what laws apply to the division of property. Any arrangements that the couple choose must be in compliance with those laws. If there is any question about how to go about the process, the family lawyer can determine what would be in the best interest of his or her client.
What About Spousal and Child Support?
The family lawyers Aurora will also address issues of spousal and child support as part of the divorce decree. Based on the financial situation of each party, one of them may be entitled to support for a limited amount of time or until the recipient remarries. In the case of child support, the non-custodial parent usually provides financial support for the children until they reach adulthood.
A divorce lawyer will go over the particulars of current support laws and how they relate to the couple. Assuming that the divorce is amicable and neither spouse feels the need for spousal support, this may be waived entirely. This would leave the two divorce lawyers Newmarket to work out the details for any child support that the custodial parent would receive. That support could be in regular cash payments, providing health insurance, and other forms of support that are deemed appropriate by the family lawyers Newmarket and the court.
Visitation and Other Rights for the Non-Custodial Parent
As part of the child custody arrangement, access by the non-custodial parent is of prime importance. Unless there are compelling reasons to deny that access, the non-custodial parent is granted visitation time with the children. This may be in the form of weekends, spending time with the kids on specific holidays, and time spent together on other days according to the approved plan.
Many divorce lawyers Newmarket stress that visitation rights establish a minimum for the time that the parent may spend with the children. If the two parents agree to occasional visits above and beyond the court-approved plan, they are free to do so. As the divorce lawyers Aurora will point out, the court’s main concern is protecting the right for the children to have ongoing relationships with both parents.
Are you facing the prospect of a divorce? You need a family lawyer on your side who can act as your divorce lawyer. Even in the best of circumstances, each party needs their own family lawyers Aurora to represent their interests. In the best-case scenario, the two divorce lawyers Aurora can help the couple craft a plan that is fair, meets the court’s requirements and allows the divorce to move forward without any delays.