Divorce can feel like an emotional minefield, which can make facing the difficult road ahead seem nearly insurmountable. You are not, however, alone. An experienced Suffolk divorce attorney will not only help you better understand your legal options but will also skillfully advocate for your financial and parental rights.
If your divorce involves children, the matter of your child custody arrangements is naturally an important element of your divorce.
Legal custody has to do with your children’s living arrangements. The most important thing to note when it comes to child custody is that, although it can be either sole or joint, it is rare for the court to deny a parent at least some visitation with his or her children. This is based on the fact that the court is always guided by the best interests of the children, and the general consensus is that children are better off when they continue to foster meaningful relationships with both parents.
Legal custody relates to who will be making major decisions on behalf of your children moving forward. The types of decisions involved include:
Legal custody, too, can be either sole or joint.
The law holds both parents financially responsible for supporting their children throughout their childhoods. As such, one parent often owes child support to the other. Typically, if one parent is the primary custodial parent – with whom the children live primarily – he or she will receive child support. Even if you split your parenting time fairly evenly, however, the higher earner will generally pay child support to the other parent (due to the fact that both of you owe support in direct relation to your earnings).
The most important financial component of your divorce will very likely be the division of your marital property. Those assets that you and your spouse acquired during the course of your marriage are considered marital property – regardless of who made the purchase or whose name is on the title. Instead of necessarily dividing these assets directly down the middle, your marital property will be divided equitably – or fairly in relation to the circumstances of your marriage. Those assets that either of you brings into the marriage with you and keeps separate throughout remain your separate property, but the dividing line between marital and separate property can be easily blurred. Hammering out an equitable division of marital property is often exceptionally complicated.
If one spouse will face financial hardship upon divorce – and the other spouse has the means to help offset it – the court may order alimony. Alimony, however, does not play a role in every divorce.
The resourceful Suffolk divorce attorneys at Mahoney Richmond Thurston, PLLC, have the experience, drive, and legal insight to help you move forward into your future with your financial and parental rights intact. To learn more, please don’t hesitate to contact us today.