During contentious legal proceedings, a Divorce Lawyer in Bremerton Wa looks out for the best interests of the client. The other spouse should have his or her own attorney doing the same. The two may be disagreeing about various aspects that are delaying the divorce. Disagreements about division of community property are relatively common. If the two reach a complete stalemate that is not even resolved through mediation, a judge will have to decide.
Deciding which spouse will continue to live in the family home sometimes is a point of disagreement. For one reason or another, both may insist they should be able to stay. Sometimes one spouse firmly believes that the home should be sold and the proceeds divided equally so that neither has the privilege of residing there.
Moving Out or Staying Put
Statistics indicate that judges tend to allow the spouse who is still living in the home the opportunity to keep it. For that reason, a Divorce Lawyer in Bremerton Wa may strongly encourage his or her client not to move out if keeping the home is the goal. The person who moves out has reduced the chances of getting to live there again.
Custody of Children
Another factor for clients represented by a lawyer like A. Scott Kalkwarf focuses on children. If minor children still live in the home and one parent will have primary physical custody, a judge is more likely to award the home to the custodial parent. This causes the least disruption in the children’s lives, which is a major priority in family law courts. Especially when the children are established in a school and a neighborhood, courts view this stability as a substantial benefit.
Feasibility
Of course, the one who stays is still responsible for paying the other spouse for his or her half of the equity. This can leave an individual with a financial struggle by wiping out a fair amount of savings and still being responsible for paying a monthly mortgage. It’s crucial to consider whether keeping the home actually is affordable. Many divorced men and women find they simply cannot manage this on their own, even when they receive child support payments.
