Robert DesauzaThe divorce process is often long and complicated, with hurdles to overcome at nearly every stage. From emotional to financial, there are so many potential issues that may arise before the finalization of a divorce. However, a family law attorney Wisconsin will help you how to prepare for and avoid some of the most common problems that can arise during this type of legal process.
Although it’s impossible to prepare for every eventuality, there are several concerns you can anticipate in advance: such as what will happen with your children, who pay alimony or child support payments, property distribution, and protecting yourself from unfair claims against your assets after your divorce has been finalized. These are all things you’ll need to plan for if you want a quick settlement with few complications.
We will now look into some of the most common issues that arise during a divorce.
- Child custody
When it comes to separating couples, the most common issues that arise revolve around the children. However, when this happens and you’re no longer part of a couple with shared goals and responsibilities, your relationship with your kids will change drastically.
The most common issue that may arise is child custody. A court has the ability to award custody to either of you or both parents in an “equitable” distribution between the two parents. The best interest of the child is always a primary focus in deciding who should have physical custody and who should be awarded legal custody.
- Property division
Another common issue that arises is the question of property distribution. Wisconsin law has a specific formula to determine what is equitable in dividing the marital assets. Factors like length of marriage, age and health are considered, as well as other unique circumstances, such as whether one party stayed home to care for children or whether there was any infidelity in the marriage.
- Child support
As mentioned above, it’s also common that child support arises after a divorce. This is often determined through property division. However, the parents may also be ordered to make payments to the other parent in addition to any dissolution agreement or alimony order.
- Alimony
Perhaps the most common issue that arises during a divorce is alimony or spousal support payments. Either parent could receive an award of support under a court’s order (custodial parent and/or non-custodial parent). However, this only happens if there is enough property or other assets left over to pay support once the main issues of separation are resolved.
Robert Desauza
Clare Louise
Paul Watson