Whether you are a seasoned divorce lawyer or you are just starting to consider a divorce, there are many aspects of the legal landscape that you need to be aware of. Choosing an attorney with legal experience and insight can help you navigate these issues successfully, while also protecting your rights and interests.
A Divorce is Always a Struggle
No matter how well-advised you are, there is always going to be some aspect of the divorce process that can be stressful and difficult. This can be especially true if you have children involved, or if you are trying to work out child custody arrangements or other matters. However, if you choose a divorce lawyer who is compassionate and understands that this is a difficult time for you, it can be a lot easier to cope with.
Understanding Your Options and Getting the Best Results
There are many types of divorces, and each one has its own unique set of laws that apply to it. Your divorce lawyer will be able to help you understand the differences and determine which type is right for your case. They will be able to help you draft the correct documents, negotiate with your spouse and the other side and make arguments in court to seek just outcomes for you.
The Law of Divorce and Asset Division
When couples get divorced, they often have a number of assets that they will need to divide. This includes property, money, and personal possessions. It is important to understand the rules of divorce, including how much your property can be divided and what a fair market value of the property is.
The length of the marriage has a significant impact on how assets are distributed in a divorce. Longer-term marriages are more likely to have accumulated a substantial amount of wealth, which may require more complex and difficult asset division procedures.
In addition to dividing assets, divorce lawyers will need to divide debts that the couple incurred during their marriage. This can include credit card debts, mortgages, and personal loans. It can also be important to determine the source of funds that have been used for joint expenses, such as home repairs.
Defending Your Rights as an LGBTQ Client
While the laws of divorce have come a long way in terms of discrimination, there are still some things that LGBTQ couples need to know and protect themselves from. For example, because heteronormative divorce and custody law assumes that a woman will be the primary caregiver and key attachment figure for her children, the same-sex mother who shares childcare equally with her husband might not receive alimony or child support, even if she has been the sole support provider.
The legal landscape of divorce is constantly evolving, which makes it important for LGBTQ couples to stay informed about their legal options as they prepare to file for a divorce. If you are planning to file for a divorce or have any questions about this topic, contact the experienced divorce lawyer in Miami, FL at Davis and Associates, Attorneys at Law, LLC for more information on your options.