However, divorce happens when a couple has serious problems and believes they can no longer maintain their relationship. Marital disagreements and divorce rates are reportedly on the rise coming out of the Covid-19 pandemic. However, there are ways a divorce can be amicable or at least easier. The following are family lawyer's tips for a good divorce.
Divorces With Children are More Complicated
Divorces can be complicated, but more so when minor children are involved. As a top-rated Atlanta family law attorney explains, a childless couple who divorce will only have to deal with a limited number of issues, such as property division and alimony. However, a divorce involving children will have to deal with more issues, such as child custody, visitation, and child support. As such, divorces involving children can be quite contentious, as the kids' well-being is an issue. For a divorce with marital children, it is recommended to consult with a family lawyer, as the health and well-being of your family are at stake.
Do Not Insult Your Spouse In Front of the Kids
It is very important not to talk disparagingly about your ex in front of your children. For one reason, it can affect them emotionally to hear bad things about their mother or father. For another, if the family court judge learns about this conduct, they could think you are trying to turn the kids against the other parent. Judges do not take kindly to parents who talk badly about the other parent. That could negatively affect the outcome of the child custody and visitation case. No matter what has happened between you and your spouse, keep your children out of it.
You Might Not Get Everything You Want
To have productive divorce talks, you must accept that you might not get everything you want. When people divorce, there can be disagreements about who is entitled to what. The court will divide everything equitably.
For instance, alimony is not granted in every case, so do not come into divorce negotiations thinking you are entitled to it. Alimony is a very old-fashioned idea, from decades ago when a woman was much more likely to be a housewife and not have a job or income. As such, alimony or “spousal maintenance” was a way not to leave a recently divorced woman destitute.
Now, many women work and can care for themselves financially. In determining alimony, a court will look at how long a couple has been married and the working capacity of the person seeking maintenance. A judge will more likely award alimony to a person in a long-term marriage (10+ years) or when a spouse is disabled or unable to work.
Similarly, do not expect that child custody will always go to the mother. Child custody is based on the best interest of the child. Today, joint custody and equal custody time are more common, as it is believed that the child needs the attention of both parents.
A Premarital Agreement Makes a Divorce Easier
A premarital agreement, or prenup, will state how the couple’s property will be split in a divorce. It makes a divorce case much easier to resolve, as many issues will have been agreed to before the wedding. However, it will not deal with child custody issues. A premarital agreement can be invalidated; however, it is exceptionally rare. If you have questions concerning a prenup's validity, contact a family lawyer.
A Divorce Attorney Can Help You
Finally, a great tip is to get a divorce attorney. They know the law and can help you navigate the complicated court system. They can help your case in a way you cannot do alone. Reach out to a local family lawyer today.
