Getting a divorce is like subdividing your life. Debts and assets must be divided. In addition, it must be decided who has custody of the children. The process is daunting unless one has an experienced attorney. First, the lawyer consults the clients and decides whether they want a no-fault or fault divorce. Most people are familiar with no-fault divorce, and it is allowed in most states. Couples do not have to state a reason for the a divorce. However, they may be required to live apart for up to two years before a divorce is granted.
On the other hand, one party may want a fault divorce. The Divorce Attorney In Hattiesburg, MS will explain that certain requirements must be present to get a fault divorce. Some of the common fault grounds include adultery, abandonment and emotional or physical abuse. Many allow the filing party to get a greater settlement if they can prove a fault ground. Property division is one of the sticky parts of getting a divorce. However, people who live in community property states will not have a problem. Community property is the same as marital property, and assets are simply divided equally.
The Divorce Attorney lets clients know whether they live in a community property or equitable division state. In an equitable division state, a judge decides how much each party receives. For instance, the spouse who contributed the most may get more of a bank account. Perhaps the most difficult part of divorcing is deciding who gets custody of the children. Many states require the parties to attend mediation. Judges prefer that parties work out this issue on their own. It is very personal and the courts do not want to intervene. There are several types of custody. First, the children live with a parent having sole custody. Legal custody refers to a parent having equal access to information including medical and school records. Most parents have some form of joint custody. Getting a divorce is tough, but it is less stressful if spouses work together for the benefit of the children.
Trust the attorneys at Johnson, Ratliff & Waide, PLLC to provide you with accurate advice, prompt service, and reliable customer service whenever you call.