When a marriage is over it is often difficult to face. Most people want to believe when they say “I do” it will last forever. However, it is believed that almost half of all marriages end in divorce. Depending on assets and minor children, the services of an attorney can make this transition a little smoother.
Contested or Uncontested
Divorce is either contested or uncontested. A contested divorce is when the couple cannot agree on the division of the assets and/or custody of children. It can also mean that the husband or the wife does not want a divorce. An uncontested divorce is when the couple makes a mutual agreement to end the marriage and divide their assets.
The laws on divorce vary by state. Some states are community property states, meaning that marital property is considered to be owned by both parties. A larger number of states are equitable distribution states. This means that both parties can legally claim a “fair and equitable” part of the assets and it does not matter which one is considered the legal owner. An attorney is necessary in the equitable distribution states, particularly if the divorce is contested. One example of a service that provides divorce lawyers in chesapeake va is Peterson Law PLC.
Child Custody
An attorney is necessary when a couple decides to end their marriage, and they do not agree about custody of children or child support. The laws on child support and custody can vary by state as well. Determining which parent will have physical custody can often be worked out between the couple, but sometimes it cannot. Often parents share custody. This is a good arrangement if it does not disrupt the lives of the children. Attorneys can help couples to work out custody matters so the best interests of the children are protected.
When a marriage ends it is not unusual for there to be hurt feelings. This can lead to the situation turning ugly rather quickly. Hurtful behavior is unfortunately a result of divorce when the couple cannot agree on anything. An attorney can look at the situation with his client’s best interests in mind and advise them as to how to proceed. He can also provide advice if the couple decides to use a mediator to help them decide on custody, child support, visitation, and the division of their property.