Divorce, now called dissolution of marriage, is difficult for everyone involved. Ideally, the assets can be equitably divided and the parties can move on with their lives without focusing upon winners and losers. Unfortunately, it is often more complicated and the parties cannot reach agreements on all issues. There are numerous potential issues involved in divorce: custody, child support, maintenance, division of property and debt, payment of attorney fees, etc.
When a child is involved it becomes even more difficult. Both parents want as much time and involvement with the child as possible. When custody, now called parental responsibility is at stake, parties can rarely agree on all issues because there is simply not enough time in the day with the child to be divided to the satisfaction of each parent. The parents must also determine how major decisions for the child will be made – jointly or by just one parent. Who will provide health insurance, and if that person is also paying child support, do they receive a credit? Child support must be determined, with the non-custodial/non-majority parent making payments to the majority parent. The amount of child support has changed in many cases due to the July 1, 2017, change in the child support statute.
When a marriage dissolves the property must be divided. Property, as well as debt acquired during the marriage is generally considered marital property and subject to an equal division. However, there are countless exceptions to this general rule.
In some cases, maintenance is owed by one party to the other. The main determination when it comes to maintenance is the level of income of the parties and the length of the marriage.
Every divorce is different. Some involve a simple property division while others cover nearly every possible issue in family law. Simple or complex, schedule a consultation so that you know what you are facing, and the best path to a favorable resolution.