When filing for a divorce, the petitioner must make decisions with their spouse after child custody, asset division, and if either party gets alimony. It is recommended that the couple discuss these factors together and reach an agreement before filing for divorce. However, it is not always possible in every case.
The Reason for the Divorce
Before they approach a divorce attorney, the petitioner must review the current divorce grounds and choose according to their circumstances. Divorce petitioners are not required to choose fault-based divorce grounds if they do not apply to the reason their marriage ended. However, if they choose to present fault-based grounds, the petitioner must present conclusive evidence to support their allegations.
Typically, petitioners use fault-based grounds if they have a prenuptial agreement that provides additional monetary awards based on the divorce grounds. They may use these grounds to get sole child custody. If the petitioner was the victim of domestic violence, they must use extreme cruelty or domestic violence grounds to get protection through the court.
Do You Need a Protection Order?
A protection order is issued by the family court to protect a spouse or child that was abused or was the victim of domestic violence. The orders prevent the aggressor from staying in the home or visiting the spouse’s place of employment. It also restricts any contact between the victim and their attacker. The orders last up until the divorce is final in most cases. However, victims can get an extension of the order if they are facing any serious risks after they are divorced.
What Are the Marital Assets?
The marital assets must be catalogued and presented to the divorce attorneys Carrollton GA. If either party owned an asset before the marriage, they could get protection through the court, and the asset won’t be included in the marital estate. All assets must be divided between the spouses according to Oklahoma family laws.
What Is the Ideal Custody Arrangement?
The child custody arrangement determines what party has control over the child and who makes decisions about the child. Joint custody gives both parties the same decision-making power. They will share time with the child, but one parent will have primary custody of the child, and the child will live with the primary parent most of the time.
Will You Seek Spousal Support?
Spousal support is provided to keep a spouse in the same lifestyle they had during the marriage. The length of the marriage, their earning capacity, and the income of both spouses determine if a spouse gets alimony and how long they receive it. Typically, the couple must be married for at least ten years or have a prenuptial agreement that provides spousal support for it to be a factor in their case.
Divorce cases require a couple to reach an agreement about the division of their lives after their marriage has ended. Marital assets are defined as any asset acquired during the marriage. Child custody arrangements are determined by the parents whenever possible. Petitioners who need more answers about the cases contact an attorney for more details now.
