When married couples start divorce proceedings, they may be surprised by some details of the process. Many people have misconceptions about the legalities, such as division of property and child support. A Family Law Attorney in Lake Forest can provide information so the client understands which aspects may be common but are not guaranteed.
Property Division
For example, people have heard that property is divided equally in divorce. However, it can be difficult to divide assets so each person receives an equal share. In addition, one person may want a particular asset strongly enough that the couple has to negotiate so the asset doesn’t have to be sold. Those negotiations may make the other spouse better off financially, but he or she gives up rights to the asset. The asset in question might be a beloved vacation property or sailboat.
Child Support
Another aspect involves child support. A noncustodial parent usually pays a specific percentage of his or her income according to state guidelines. Judges can modify the required support to a higher percentage, however. This often comes as a shock to the parent responsible for child support. Judges consider factors such as children being able to continue enjoying a standard of living they are accustomed to. That might not be possible without higher support payments.
Alimony
A woman facing divorce may expect to receive spousal support, also called alimony. She knows that, historically, men often were required to pay alimony, especially if they initiated the divorce. These days, however, alimony is uncommon unless it is only temporary. And, if the woman earns significantly more than the man does, she might be ordered to pay alimony for him until he gets on his feet. A Family Law Attorney in Lake Forest can offer more details.
The court usually expects both members of the couple to learn to provide for themselves. An exception might be made if the couple had agreed early on that one spouse would be a homemaker and not work outside of the house, and that spouse is now in late middle age with no work history for the past few decades. See the website to learn more about one particular family law firm.
Follow Michael Craven on Twitter for more updates!
