The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody. While it's important to hire a lawyer who is skilled at your economic and other interests in a divorce, it is crucial to find an attorney with whom you feel comfortable on a personal level. Divorce is an intensely emotional process, requiring delicate people skills in addition to legal know-how. It may make sense to complete a divorce without hiring to a lawyer in some cases, as long as neither party has representation and there are no minor children involved. But most divorces, particularly those involving dependent children and/or complicated property issues, go more favourably with the counsel of a divorce attorney. And if your estranged spouse has an attorney, it's always wise to hire one yourself.
At its most basic, a divorce is a legal process by which two parties terminate their legal and financial relationship. But each divorce is unique and most involve disputes over things like child custody or division of property. Here are the main issues a divorce attorney deals with : Division of Property: All property acquired by either spouse after the marriage date is considered "marital property" and is subject to equitable division. Alimony: Alimony, or spousal support, is monthly payment made by one spouse to another in accordance to either a settlement agreement or court order. Alimony is meant to correct for any unfair economic effects of a divorce. Child Support: Child support is a monthly payment made by the noncustodial parent to the custodial parent to be spent on the child's needs. Child Custody: When a family splits up, the parents and the court must decide what is best for the minor children, including where they will live and how decisions are made.
The Divorce Process: A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a family court in the city/district where one of the spouses resides. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.