STEP #6: UNDERSTAND DIVORCE ISSUES

Again, it would be impossible to detail every possible divorce scenario and provide information which is of relevance to your specific divorce case in this guide or any other written resource. Rather, that determination is best left to your divorce attorney and the court. It is, however, important to remember that you are purchasing a service from your divorce attorney, and that you have the right to educate yourself on, and ask questions regarding, the general rules concerning the distribution of your marital estate, determination of child custody, and determination of child and spousal support.

Would you allow a real estate agent to sell you a house without showing it to you and discussing any problems with it? Although it is not a direct analogy, any settlement of your divorce case is a financial milestone in your life which should be the result of informed discussions between you and your counsel. If you do not understand the general terms, then you may not fully understand the ramifications of your agreement until years after the divorce is concluded.

This is not to say that you should not trust your divorce attorney to make recommendations that he or she feels are in your best interests. An additional point to remember is that you may feel that some component of an agreement is “unfair,” but your counsel may feel that it is in your best interests in light of the circumstances in your case, your future litigation expense if the case goes to trial, and how your counsel feels the court is likely to rule on the issue. If this is the case, you should discuss the situation openly with your attorney until you understand fully the reasoning behind your attorney’s recommendation and then consider it fully in your decision.

The following are “general considerations” regarding various issues that may exist in your case. Again, it cannot be stressed enough that these “general” considerations must be read in conjunction with your specific circumstances and discussed with your attorney to determine their applicability to your case.

Dividing the Marital Estate.

Allocation of Parental Rights

Child Support

Spousal Support

Tax Consequences