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Divorce, Dissolution and Post-Decree Issues

Divorce

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If the parties cannot agree, a divorce is the most common option.  It is important to act quick to understand your rights and protect your interests.

Dissolution

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When the parties can come to a complete agreement, or are very close to an agreement, the skills of a detailed family law attorney can assist in this life changing event.

Post Decree Issues

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After a divorce or dissolution is final, many changes can occur.  We can change parental arrangements, child support, or enforce court orders.

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Divorce

Terminating a Marriage without any Agreements

 

The goal of any firm is to make divorce (or ending other long-term relationships) as simple and painless as possible so clients can move on with their lives. The divorce process requires considering a number of factors including division of assets, spousal support and child custody and support.

Division of Assets 

Dividing the property of spouses during divorce can be quite difficult depending on how significant the assets are. These assets can include houses, rental property, retirement and pension plans, stock accounts, businesses, and more. If your divorce is contentious, then this can be especially complicated.

Reaching a negotiated settlement speeds the divorce process dramatically, and can save you money in legal fees. Moreover, in cases where you can’t come to an agreement, the court is going to use its judgement to impose a plan that is as fair as possible.

There are also state laws to consider as well as the difference between separate and marital property. In general, .Separate Property includes any property that was owned by either spouse prior to the marriage; an inheritance received by the husband or wife (either before or after the marriage); and gifts received by the husband or wife from someone else.

On the other hand, property acquired during the marriage is usually considered Marital Property regardless of which spouse owns or has title to the property.

Spousal Support (Alimony)

Spousal support is also a consideration when it comes to the division of assets. There is no one rule for all marriages, so whether spousal support is going to be required is something that is going to depend on your specific situation.

The purpose of alimony is to help the receiving spouse maintain financially stability after a divorce.  In general, courts award alimony is an amount that is “fair” under the circumstances and that the law requires.

Some considerations here include the standard of living established during the marriage, whether one spouse does not have enough property and income to provide for his or her “reasonable” needs, and whether the providing spouse has enough property or income to meet these needs.Finally, the issue of spousal support requires each partner to make a complete disclosure of their financial status including net worth. 

Child Custody & Support

Child custody and support is more often a point of consideration than spousal support. In cases where there are minor children, issues of child custody and child support are going to be at the core of a divorce agreement.

In the past, states have handled matters of child custody and support in family court. However, the states have moved toward uniform standards concerning these issues. Moreover, depending on the child’s age and maturitylevel his or her wishes are considered by the court. The ultimate consideration is what is in the best interest of the child. In many cases, divorcing couples can reach an agreement for joint custody.

Child support is an ongoing payment made by a parent for the financial support of a child after a divorce or the end of another relationship. Many factors can influence the amount of a child support order, the importance of dedicated legal counsel is essential to your case. 

Child support and custody can be a contentious issue in a divorce, and our firm with expertise in divorce and family law can guide the parties to amicably resolving these matters.

Other Methods of Resolving Conflicts at Divorce

There are ways to resolve divorce conflicts outside of the courts. There are three basic methods including negotiation, mediation, and new approach known as collaborative divorce.

Negotiation involves the parties working through a dispute until it is resolved. While divorcing spouses can do this on their own, our firm can provide the guidance necessary in these negotiations.

Mediation, on the other hand, is a form of negotiation that involves a neutral party known as a mediator. However, a mediator is not a judge or an arbitrator and does not make decisions or issue rulings. But the mediator works with both spouses to resolve legal disputes, communicate more effectively and ultimately reach an agreement.

The Bottom Line

Divorce is not something most couples plan on, but the statistics for long lasting marriages say otherwise. In the case of a divorce, the issues are complex; and even more so by the emotions involved. In the end, a successful divorce is one that can be handled amicably, and this requires attorneys with the expertise and compassion to make it happen.

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Dissolution of Marriage

Additional Information

A dissolution petition is not filed with the court until the parties have reached an agreement on all the issues that must be addressed in a divorce matter. ... The end result of both a divorce and a dissolution of marriage is the same: the marriage is terminated. 

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Can you reach an agreement?  If so, a dissolution may work for you....

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Post Decree Issues

Enforcement and Other Modifications

Changes in visitation.  Increase or Decrease Child Support.  Shared Parenting.  Custody.  Enforcement of prior decrees, including property conveyances, spousal support, property settlements, etc.  Child custody issues, including denial of parenting time, child support, taxes, schooling, medical, etc.

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Our firm will provide a framework to advance your case at the initial consultation.

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Henderson and Henderson

30 W Hunter St, Logan, OH 43138, US

(740) 689-2889